JAFARU MIKA'ILU, JCA (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 IKONTIA (suing by his attorney, Godwin Iko) v. THE SHELL PETROLEUM 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 (₦5,000,000:00) 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 th…