Lawyer information additional assertion in opposition to Oxford College over mistaken dictionary definitions
A Lagos-based lawyer, Mr. Ogedi Ogu, has filed an extra assertion on oath earlier than a Lagos Excessive Courtroom Igbosere, in a go well with in opposition to Oxford College Press, over alleged mistaken phrases definition in its dictionaries.
Joined within the go well with as the primary defendant is the College of Oxford whereas Oxford College Press is sued because the second defendant.
Ogu, counsel representing a claimant, Mr. Emmanuel Ofoegbu, had filed the go well with in 2018, urging the courtroom to direct Oxford College Press to make sure that all dictionaries printed by them, embody a caveat which states that:
“The dictionaries are made obtainable as a reference instrument solely, and that anybody who depends on the definition of phrases of their dictionaries as a substitute for looking for unbiased authorized recommendation, does so at his personal danger.”
In his assertion of declare, the claimant had informed the courtroom that he bought the Oxford Mini Reference Dictionary, and the Oxford English Mini Dictionary, and had relied on the dictionaries in advising his shopper on the phrases “Mortgagee” and “Mortgagor”,
He stated that within the dictionaries, the phrase “Mortgagee’’ is outlined because the Borrower in a Mortgage transaction, whereas “Mortgagor’’ is outlined because the Lender.
In response to him, his skilled colleagues subsequently drew his consideration to the right place in lots of different dictionaries aside from Oxford, which defines the phrase “Mortgagee” to be the Lender and “Mortgagor” to be the borrower.
He stated that he was totally embarrassed and has since then suffered damages together with lack of his skilled esteem, as his colleagues had stopped asking for his opinion or recommendation on any authorized problem.
However, Oxford in its assertion of defence, deposed to by one Hannah Turner, averred that the Oxford Mini dictionaries are printed as basic reference instruments and never designed or held out as dictionaries for authorized phrases to be used by authorized practitioners.
Apart from, Oxford averred that its dictionaries endure updates, including that the version which the claimant alleged it relied on, had already been by a number of updates leading to new editions like sixth, seventh and eighth editions printed in 2004, 2007, and 2013 respectively.
It stated that in all these editions of the Oxford Mini dictionaries listed, the definition of the phrase “Mortgagor” is the borrower in a Mortgage, whereas the “Mortgagee” is the lender.
In the meantime, in his additional assertion on oath in response to the defence, the claimant avers that he had relied on the definitions of the phrases within the two oxford dictionaries he bought, and had already suffered damages earlier than he acquired a letter on Nov. 30, 2016, stating that the Oxford dictionaries have been solely reference instruments.
He avers that previous to this letter, he was not conscious or placed on discover by any means in any way, that the dictionaries have been for reference instruments solely, including that their letter was a reply to his solicitor’s letter informing oxford of the injury he had suffered in counting on their dictionaries.
He avers that the phrases Mortgagee and Mortgagor are each English phrases and shouldn’t have distinct authorized meanings completely different from their atypical which means, including that in Nigeria, individuals realized in regulation do depend on dictionaries for a definition of phrases and in addition depend on such definitions even in judicial proceedings.
The claimant avers that the defendant was negligent and didn’t train due care and diligence within the definition of phrases.
He avers that the defendant has now admitted in paragraph 17(9) of its assertion of defence, that the phrases Mortgagee and Mortgagor have been outlined in a different way in subsequent editions of its dictionaries.
The claimant insists that the defendant owes an obligation of care to him as a result of customers of dictionaries are usually not sure or required to be buying each version of the dictionary.
He stated that the phrases in the back and front covers of the dictionaries, holding them out as being authoritative sources of English, have been what influenced him and weighed closely in his thoughts to seek the advice of and use them.
The claimant, subsequently, avers that the definition of the phrases Mortgagee and Mortgagor as outlined within the Oxford Mini reference dictionary the fifth version printed in 1999, are usually not their definitions within the sixth, seventh, and eighth editions.
The Information Company of Nigeria (NAN) that the go well with was initially pending earlier than Justice Ibironke Harrison who has now been transferred from the civil to the felony division of the courtroom.
A brand new date is but to be mounted for the case.
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