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7UP BOTTLING COMPANY PLC
V.
EMMANUEL

(2013) JELR 35603 (CA)

Court of Appeal 20 Jun 2013 Nigeria
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- The plaintiff filed a lawsuit against the defendants seeking damages for injuries suffered after consuming a bottle of Mirinda soft drink manufactured by the first defendant. - The plaintiff also sought reimbursement for professional fees

Case Details

Suit Number:CA/I/74/2009
Judges:KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA ALI ABUBAKAR B. GUMEL JCA CORDELIA IFEOMA JOMBO-OFO JCA
Counsel:T. S. Umoke Esq. For the Appellant; Respondent's counsel S. O. AJAYI ESQ. was present in court on 05/02/13 when this appeal was adjourned to 29/04/13 for hearing.

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): By a writ of summons issued 10th July, 2006 and a statement of claim dated 18th September, 2006 and filed 18th October, 2006 the plaintiff therein instituted an action at the High Court of Osun State of Nigeria, sitting at Ilesa against the defendants jointly and severally seeking the following reliefs:

1.(a) The sum of One Million, Five Hundred Thousand Naira (N1,500,000.00k) only being special damages for the injuries suffered by the plaintiff after purchasing and drinking a bottle of mirinda (one of the brand of soft drink products) manufactured by the first Defendant which said drink the plaintiff purchased from the second Defendant at Owena/Ilesa Road, via Ilesa, Osun State, within the jurisdiction of this court and the sum of Two Hundred Thousand Naira (N200,000:00k) only being general damages suffered by the Plaintiff.

(b) AN ORDER OF COURT for the payment of the sum of One Hundred Thousand Naira (N100,000:00k…

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