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SHELL PET. DEV. CO. OF NIG. PLC. V. STEPHEN DINO & ORS.

(2006) JELR 46214 (CA)

Court of Appeal  •  CA/PH/133/01  •  11 May 2006  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; MUSA DATTIJO MUHAMMAD JCA; ISTIFANUS THOMAS JCA;

Appearances
Mrs. M. A. Essien [Mrs.] For Appellant A. I. Adedipe Esq. (SAN) (with him, M. Oduche Esq., N. Oreh Esq. and J. Okoh Esq.) For Respondent

Judgement

MUHAMMAD JCA (Delivering the Leading Judgment): This appeal relates to the decision of the Rivers State High Court, Coram ODILI J, (as she then was) pertaining suits No.PHC/983/94, PHC/985/94 and PHC/986/94 commenced severally by the respondents herein against the appellant. By their respective writs, the respondents being the plaintiffs claimed against the appellant, the defendant at the lower court, a cumulative sum of three million Naira each, as damages for malicious prosecution, false imprisonment and assault and battery.

From their pleadings and evidence, respondents' case is that they are employees of Tidex Nigeria Ltd a company that carries out the business of Marine transportation of goods and equipment for the oil industry including the appellant herein. Respondents are crew of M. v. Beef Master, a tug owned by their employer. Tidex Nigeria Ltd, an independent contractor has been engaged by the appellant to transport goods and equipment to its swamp locations from its base a…

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