Customer Support

NIGERIAN BOTTLING CO. PLC
V.
OLAREWAJU

(2006) JELR 51300 (CA)

Court of Appeal 14 Jul 2006 Nigeria
BriefBot icon

BriefBot Summary

Free

- The respondent (plaintiff) sued the appellant (Nigeria Bottling Company) for negligence, claiming that he fell ill after consuming a contaminated bottle of Coca-Cola purchased from a retailer, seeking ₦11,500 special damages and ₦5 millio

Case Details

Suit Number:CA/IL/43/2004
Judges:MUHAMMED SAIFULLAHI MUNTAKA-COOMASSIE JCA TIJJANI ABDULLAHI JCA
Counsel:K. Eleja - for the Appellant. -*- Mr. J. S. Bamigboye Esq., - for the Respondent.

OGUNWUMIJU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Honourable Justice M. A. Folayan of the Kwara State High Court, delivered on 24th May 2004. The appellant herein was the defendant and the respondent herein was the plaintiff. Briefly, the facts which gave rise to this appeal are stated as follows: The respondent gave evidence as PW1 that on 3/4/2000, he purchased two bottles of Coca-Cola, a product of the appellant, from one Mrs. Agnes Olaniyan, a retailer, before he noticed visible particles in the liquid content of the bottle. He saw similar particles in the unopened bottle. After about two hours, the respondent felt unwell and consulted a doctor at the Epidemiology unit of the GRA within the vicinity of his residence.After his recovery he made efforts to get in touch with the appellant company to lay complaint but was not allowed access to them. He however wrote a letter exhibit D, which he delivered at the security post to which he received…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.