EZURUIKE
V.
7UP BOTTLING CO. PLC

(2018) JELR 39063 (CA)    

Court of Appeal  ·  CA/PH/386/2014 ·  2 May 2018 ·  Nigeria
CORAM
ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria BITRUS GYARAZAMA SANGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
duty of care
evidence
special damages
exhibit c
issues
birthday party
soft drink
trial
appellants
evidence of the defendant
respondents product
trial court
cw1
evidence of the claimant
food poisoning
lower court
port harcourt
statement of defence
documentary evidence
exhibit a
exhibit e
exhibits
soft drinks
statement of claim
appellants brief of argument
appellants issues
appellant vide
case of the plaintiff
defence counsel
defendants products
face of the vigorous cross-examination
factual statements
general damages
high court of rivers state
leading judgment
line of the above pleaded facts
medical doctor
mere submission of the learned counsel
ondo state
plaintiff claims
respective counsel
respective issues
respective parties
respondents brief of argument
said c. d. onuoha
said product
sets of issues
strict proof of the special damages
unchallenged evidence of cw2

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of Hon. Justice S. C. Amadi, J. of the High Court of Rivers State (hereinafter to be known as the trial/lower Court), Holden at Port Harcourt, delivered on 31st January, 2014 in suit No. PHC/1721/1998.

FACTUAL STATEMENTS

The plaintiff at the lower Court vide his Writ of Summons issued 30th November, 1998 and his Further, Further Amended Statement of Claim filed 21st June, 2013 had sought as follows particularly at paragraph 10 thereof against the defendant:

10. Wherefore the plaintiff claims from the defendant special and general damages as follows:

a. SPECIAL DAMAGES

i. Loss of daily income from 20th day of August, 1998 to 31st January, 1999 at the rate of N50,000.00 per day = N7,500,000.00.

ii. Hospital bill including costs of drugs tests and x-ray = N250,000.00.

iii. Cost of drugs stores outside the Hospital = N400,000.00

Sub Total = N8,150,000.00. (See page 140 of the record of appeal)…

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