(2017) JELR 57866 (HC)    

High Court  ·  SUIT NO. LD/13/2008 ·  15 Feb 2017 ·  Nigeria
Core Terms Beta
1st defendant
2nd defendant
human consumption
united kingdom
soft drinks
benzoic acid
duty of care
1st defendant’s products
amended statement of claim
products of the 1st defendant
breach of duty of care
certificates of registration
fanta orange
routine laboratory tests
1st defendant’s factory
safe human consumption
safety of the consumable products
sales operations manager of the 1st defendant
statement of claim
true copy of certificate of registration
1st defendant’s apapa plant
careful consideration
case management conference
case of the claimants
chemical components
circumstances of this case fail
c laimants
claims of the claimants
crates of different soft drinks
date of judgment
different orders
empty crates of coca-cola
excessive levels
exhibit a
exhibit a1
exhibit a2
following issues
general damages
instance of the learned silk
lead judgment
leave of court
nigerian export promotion council
product’s bottles
rules of court
sale of product condition
sum of n150,000,000.00
till date

OYEBANJI (MRS.) J. (Delivering the Lead Judgment): This

suit was commenced against the defendants herein, by a writ of summons sealed on 8 January 2008. A statement of claim was filed along with the writ. In opposition, the 1st defendant filed a statement of defence dated 8 May 2008. Though served with the originating processes and other processes filed in this suit, the 2nd defendant failed and/or neglected to file a defence to this suit. With the leave of court, pleadings were severally amended.

At the trial, the claimants relied on an amended statement of claim dated 26 January 2010 and filed on 27 January 2010, while the 1st defendant relied on an amended statement of defence dated 10 March 2010. In compliance with the rules of court, frontloaded documents were filed and exchanged.

The claims of the claimants as per their amended statement of claim dated 26 January 2010 were as follows:

“i. A declaration that the 1st defendant was negligent and breached the duty of care owed to thei…

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