The Shell Petroleum Development Company Nigeria Ltd V. Effiong Ikontia & Ors (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAFARU MIKA’ILU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of P. S. Etim, J, sitting at the High Court of Akwa Ibom State, Holder, at Eket in Suit No HEK/MISC 6/94 – EFFIONG IKONT.A (suing by his attorney, Godwin Iko) vs. THE SHELL PETREOLEUM DEVELOPMENT COMPANY OF NIGERIA LTD, DELIVERED ON THE 13th of November, 2002.

In the amended statement of claim dated the 18th day of November, 1996 plaintiff therein claimed for the following:-

“The sum of five Million Naira (N5,000,000:00) special and general damages under the fatal Accidents Law as applicable in Akwa Ibom State, for the death of the said deceased caused by the negligence of the Defendant, its agents, servants, in that that the Defendant in the course of its business as oil producer and explorer dug a well within the vicinity of the plaintiff at Etebi Mbakuyo, Uquo Ibeno Local Government Area, Akwa Ibom State unattended to, unfenced and uncovered when the Defendant knew or ought to have known that it was unsafe to do so thereby causing the plaintiff’s son to fall into the said well and died.”

By the statement of defence dated and filed on the 27th of March, 1995, the defendant denied the plaintiff’s claim entirely.

The trial court heard the matter and entered its judgment in favour of the plaintiff for the total sum of N800,000:00 made up as follows:

(a) Loss of life expectancy based on the predominantly

happy life shortened by the accident. N500,000:00

(b) amount spent on the child for 7 years N200,000:00

(c) General damages N100,000:00

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TOTAL – N800,000:00

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The Defendant thereof was dissatisfied with the decision of the trial court therefore filed this appeal.