(2016) JELR 45869 (CA)    

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

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