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NBC PLC
V.
AJOGWU

(2018) JELR 34433 (CA)

Court of Appeal 8 Jun 2018 Nigeria
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- Plaintiff sued the defendant beverage manufacturer for negligence, alleging illness and injury following consumption of a bottled drink, and the lower court awarded N50 million in general damages. - On appeal, the principal issue examined

Case Details

Suit Number:CA/E/334/2015
Judges:TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:Peter N. Eze, Esq. with him, Tochukwu Odo, Esq. and John Onah, Esq. For Appellant Dr. M. E. Ajogwu, SAN FCI Arb. with him, N. S. Odoh (Miss) and J. C. Diara, Esq. For Respondent

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Enugu State High Court, delivered on the 9th day of March 2015 by Hon. Justice I. A. Umezulike in Suit No. E/59/2008.

SYNOPSIS OF FACTS

The Suit the subject matter of this appeal was instituted vide a writ of summons dated 26th of February 2008. Page 1 of the Record of Appeal.

The statement of claim was filed on the 26th of February 2008, and in paragraph 23 thereof, the Plaintiff (Respondent in the present appeal) claims against the Defendants (Appellants in the present appeal) jointly and severally the following:-

a) Special damages so far 152, 500.00

b) General damages 200 million

c) Interest on such damages at such rate and for such period as the honourable Court shall think just pages 3 7 of the Record of Appeal.

The Plaintiff had brought an action in negligence against the Defendant who are manufacturers of the drink Sprite. They are also distributors of the said drink.

The Plain…

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