ABOAGYE
V.
KUMASI BREWERY LTD.

(1964) JELR 63716 (HC)    
High Court  ·  20 Apr 1964 ·  Ghana
CORAM
DJABANOR J.
Core Terms Beta
three-quarters of the contents of the beer bottle
plaintiff mr. i. r. aboagye
star beer
history of the case
said bottle
palm nut
defendants damages
maxim res ipsa loquitur
north british railway co.1
mr. mensah
earlier case of chaproniere v
bottle of star beer
sight of this nut
said beer
defendants
result of their negligence
next morning mr. amoatin
caustic soda baths
manufacturers of the star beer
australian knitting mills
bottles pass
cogency of the fact of the accident
bottle
r. white
negligence of the defendants
following passage
bath bun
j. packer
prima facie case of negligence
singleton j.
box of sweets
mr. storph
course of his judgment
different processes
afternoon of sunday
mr. aboagye
part of the manufacturer
reasonable care
small thing
mere presence of a snail
easy matter
sunday afternoon
plaintiff
proper care
possible attack
silvermere cleaners
rotten nut
decision of lewis
bottle of ginger beer

JUDGMENT

DJABANOR J.

On the afternoon of Sunday, 3 February 1963, the plaintiff Mr. I. R. Aboagye, then district magistrate at Bolgatanga in the Upper Region of Ghana was entertaining friends in his bungalow. He and a Mr. Mensah, a detective corporal, had Star beer, while the local bank manager, Mr. Storph had whisky. According to Mr. Aboagye after he had drank about three-quarters of the contents of the beer bottle and was pouring the rest into his glass he heard a clicking sound which appeared to have come from the bottle. He therefore held the bottle up and shook it and he then saw a palm nut moving inside the bottle. He let out an exclamation at the sight of this nut, which drew the attention of his guests to what he had found. They also examined the bottle and saw the palm nut moving in the beer in the bottle.

Mr. Aboagye said he had a funny feeling after he had seen the nut and felt like vomiting, but did not then do so. After his guests departed he had a meal of yam and went to be…

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