GlaxoSmithKline Pharmaceutical Nigeria Limited & Anor V. MR Charles Oben (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against Ruling of the Federal High Court sitting at Lagos State delivered on 18th November, 2011 by Hon. Justice S. J. Adah.

?The facts briefly stated are as follows:

Sometime in September 2009, the Plaintiff/Respondent travelled to Burkina Faso for his regular medical consultation with his physician, Prof Nebie, who prescribed for him a drug known as Zyloric. The drug was/is manufactured by the Defendants/Appellants. Shortly after he began taking the prescription, he developed adverse reactions to the drug and as a result was hospitalised in Burkina Faso and was later transfer to another hospital in Abidjan for intensive care and further to Wellington Hospital, London.

He was diagnosed with Steven-Johnson Syndrome usually caused by an allergic reaction to allopurinol. It was alleged that Zyloric produced by the Appellants contained such chemical substance. However, the Appellants did not disclose in the information leaflet that the drug may produce such adverse effect associated with allopurinol. Hence, the Respondent commenced this suit at the

Lower Court by filing a writ of summons on the 26th day of May, 2010 seeking the following reliefs against the 1st Defendant now 1st Appellant:

“a. an order of the Court directing the Defendant to stop manufacturing and distribution of its Zyloric drug, till it satisfactorily establishes that the drug can no longer result in adverse reactions with the propensity to cause death or permanent disability.

b. special damages of 2,000 Pounds and 13,500 Pounds,

c. damages for permanent loss of good health and dependence on drugs; the sum of N400,000,000.

d. and interest on claim(2) at the prevailing commercial rate of interest until judgment and thereafter 6% per annum until liquidated.”.

In response, the 1st Appellant filed its memorandum of appearance and filed its Statement of Defence and other accompanying processes.

Later on, the Respondent brought an application to amend its Statement of Claim in order to join the 2nd Appellant in the suit, which was granted by the Lower Court on the 21st November 2010.

Upon being served with the originating processes, the Appellant filed a notice of Preliminary Objection, objecting to

hearing of the suit on two grounds namely: