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…