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OKWEJIMINOR
V.
GBAKEJI & ANOR

(2008) JELR 47580 (SC)

Supreme Court 25 Jan 2008 Nigeria
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- The case involves a consumer who claims to have suffered illness and injury from consuming a contaminated Fanta orange drink. - The trial court found in favor of the consumer, holding the manufacturer negligent and the retailer not liable

Case Details

Suit Number:SC.67/2002
Judges:ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
Counsel:O. J. Oghenejakpor (with him, P. E. Emefiele [Miss] and S. C. Ediagbonuvie) For Appellant Oluyele Delano (with him, Adeola Ademoyega) -for the 1st RespondentOluseye Opasanya - for the 2nd Respondent For Respondent
Other Citations:Okwejiminor v. Gbakeji (2008) 5 NWLR (Pt.1079) 172 S.C. (2008) 1 S.C. Pt.III 263 (2008) 1 S.C. Pt.III 263, (2008) 5 NWLR (Pt. 1079) 172

F.F. TABAI, JSC (Delivered the Leading Judgment): The suit was commenced at the Ughelli Judicial Division of the High Court of then Bendel State but now of Delta State on or about the 18/3/91. The plaintiff therein is the appellant herein while the defendants are the Respondents herein. The appellant claimed against the respondents jointly and severally as follows:

(a) The sum of ₦551.00 being medical expenses borne by the plaintiff as a result of the negligent acts of the defendants in bottling and selling a contaminated and poisonous fanta orange drink to the Plaintiff.

(b) The sum of ₦27.00 being costs of the crate of mineral purchased from the 1st defendant.

(c) The sum of ₦299,000.00 being loss of business expectation profits or income for the period of the Plaintiff's treatment and time for recuperation.

(d) The sum of ₦700,422.00 being general damages for loss of life expectancy.

(e) The sum of ₦1,000,000.00 being damages for shock pain, agony and discomfort suffered by the Pl…

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