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MRS. ELIZABETH ANIKE (NEXT OF KIN OF CPL SYLVESTER ANIKE - DECEASED) V. SHELL PETROLEUM DEVELOPMENT CO. (NIG.) LTD

(2010) JELR 56951 (CA)

Court of Appeal  •  CA/PH/134/2005  •  22 Nov 2010  •  Nigeria

Coram
ISTIFANUS THOMAS JCA (Presided) EJEMBI EKO JCA (Read the Lead Judgment) TUNDE OYEBANJI AWOTOYE JCA

Appearances
Afam O. Akputa (with him, S. S. Ogbu, Esq.) - for the Appellant. -*- U. O. Umo-Udofia, Esq.- for the Respondents .

Judgement

EKO JCA (Delivering the Lead Judgment): The deceased CPL A Sylvester Anike, a policeman, was the husband of Mrs. Elizabeth Anike, the appellant. They had three children. The said CPL Sylvester Anike was, until his death on 26 May 1992, attached, as a policeman, to the dog section of the Divisional Police Post at the respondent’s installation. On 26 May 1992 the said CPL Sylvester Anike was shot dead by armed robbers, who were trying to rob a lorry on the highway close to the respondent’s installation. On 28 May 1992, following the death of CPL Sylvester Anike the appellant, as the next of kin of the said police corporal, formally applied to the respondent “for the compensation due to her and the children of her husband as dependants” of the said CPLSylvester Anike. The respondent, as pleaded by the appellant, “willfully refused and/or neglected to pay the said compensation.” On 7 August 1995, the appellant took out the writ of summons against the respondent claiming: The sum of N15,…

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