Nigeria Bottling PLC V. MR. Jokotade A. Ibrahim (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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 erred in law in holding that the doctrine of respsa loquitor applies to the facts of the case.?

The facts of

1

the case can be gleaned from the terse summary given by the appellant which I will respectfully adopt hereunder, particularly so as respondent filed no brief and the appeal was therefore heard on appellant?s brief alone. It goes thus:

The respondent in this case claimed he on 3/4/2004 bought and drank two bottles of Coca-Cola one of the products of the appellant. The respondent further claimed that he drank the bottle of Coca-Cola and found that it contained sediments, which caused him stomach upset and was eventually taken to Ijebu-Ode State Hospital where he was admitted for three days. The respondent also claimed special and general damages for the pain he suffered and treatment he received as a result of drinking the bottle of Coca-Cola.

Pleading were filed and exchanged the respondent called five witnesses including a medical doctor to proof his case. On the other hand the appellant denied that it was the bottle of Coca-Cola the respondent drank that caused him the stomach upset and infact none of her products contain sediments. The appellant called one witness her Quality Control Manager.

The Court delivered its judgment on