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By Lukman Olabiyi
Justice Weli Chechey of the Rivers State High Court, Port Harcourt, has set aside March 23 and 24 for hearing of applications by parties in the N50 billion suit filed against the Shell Petroleum Development Company (SPDC).
The suit was filed by a couple and employees of Shell, Emeka and Stella Okoli.
The claimants were seeking damages for medical negligence by doctors working in Shell Hospital in Port Harcourt, during an appendectomy operation on their child, Chinazam.
Chinazam, the only son of the claimants, suffered brain damage and remained incapacitated, following the alleged negligent surgical procedure by the Shell hospital and its doctors.
Those sued alongside Shell as second and third defendants are Dr. Alexander Dimoko and Dr. Dafe Akpoduado, who performed the appendectomy surgery on Chinazam in September, 2016.
During resumed proceedings, defendants, through their lawyers, Cyriacus Orlu, for Shell and Michael Amadi, second and third defendants, informed court of their pending applications objecting to suit of claimants.
They told court that their separate applications were predicated on an argument that the writ of summons used in commencing the action by claimants was incompetent.
They said the writ was not in line with Sections 97 and 98 of the Rules of Sheriff and Civil Processes Act and that the suit should be dismissed.
Responding, counsel to claimants, Prof. Akin Ibidapo-Obe, told the court to discountenance the applications by the defence.
Prof. Ibidapo-Obe told the trial Judge, Justice Chechey, that he had filed fresh applications seeking to amend the writ of summons and to increase the damages to N60 billion.
He urged the court to dismiss claimants’ submission as baseless applications.
Prof Ibidapo-Obe insisted that he had already raised a motion to amend the writ of summons and asked the court to be guided on the priority of hearing the applications.
He submitted that the defendants could not depend on the Sheriff Act to declare a writ incompetent.
Justice Chechey adjourned the matter to March 27 and 28 to enable parties to reassess their positions and prepare to argue their applications.
