NBC PLC
V.
IBRAHIM

(2016) JELR 45869 (CA)

Court of Appeal · CA/I/143/2007 · 24 Nov 2016 · Nigeria

CORAM

MONICA BOLNA'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

respondent

appellant

trial court

case

appeal

exhibit d

abdominal pain

doctrine of resipsa loquitor

general damages

duty of care

bottles of coca-cola

breach of duty of care

breach of the duty of care

loss of income

medical condition

medical doctor

trial judge

absence of any contrary evidence

aspects of the evidence

breach of duty

consumption of exhibit d

doctrine of res ispa loquitor

doctrine of respsa loquitor

door of the defendants warehouse

evidence act

evidence of permanent injuries

evidence of pw1

evidence of the evidence of the medical doctor pw1

facts of the case

following grounds of appeal

issue no.1

issue of liability

jonathan opasanya

judgment of the lower court

judgment of the ogun state high court

leading judgment

main factors

manufacturers of chattels

manufacturers of product

medical management of the food poison

monica bolna

new category of duties

principle of res ispa loquitor

products of the appellant

quality control officer of the appellant shows

res ispa loquitur

terse summary

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the Ogun State High Court delivered on 31/10/2006 by N.I. Agbelu (Judge) whereby the appellant was adjudged liable to the respondent in Negligence.

The Negligence in this case raises the issue of liability for manufactured product and the mode of proof.

Not satisfied with the judgment of the lower Court, the appellant had appealed to this Court on the following grounds of Appeal;

A. The trial Court erred in law when it held that the consumption of Exhibit D by the respondent immediately before the respondent vomited and had abdominal pain confirms that the vomiting and abdominal pain were caused by the consumption of Exhibit D.

B. The trial Court erred in law when it hold that the respondent vomited and had abdominal pain because he consumed the contents of Exhibit D.

C. The trial Court erred in law in holding that the appellant was negligent in manufacturing Exhibit D.

D. The trial Court er…

NBC PLC V. IBRAHIM

NBC PLC
V.
IBRAHIM