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SEVEN UP BOTTLING COMPANY PLC. V. MR. ALUKO OLUSOLA EMMANUEL

(2013) JELR 35603 (CA)

Court of Appeal  •  CA/I/74/2009  •  20 Jun 2013  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA ALI ABUBAKAR B. GUMEL JCA CORDELIA IFEOMA JOMBO-OFO JCA

Appearances
T. S. Umoke Esq. For the Appellant; Respondent's counsel S. O. AJAYI ESQ. was present in court on 05/02/13 when this appeal was adjourned to 29/04/13 for hearing.

Judgement

CORDELIA IFEOMA JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): By a writ of summons issued 10th July, 2006 and a statement of claim dated 18th September, 2006 and filed 18th October, 2006 the plaintiff therein instituted an action at the High Court of Osun State of Nigeria, sitting at Ilesa against the defendants jointly and severally seeking the following reliefs:

1.(a) The sum of One Million, Five Hundred Thousand Naira (N1,500,000.00k) only being special damages for the injuries suffered by the plaintiff after purchasing and drinking a bottle of mirinda (one of the brand of soft drink products) manufactured by the first Defendant which said drink the plaintiff purchased from the second Defendant at Owena/Ilesa Road, via Ilesa, Osun State, within the jurisdiction of this court and the sum of Two Hundred Thousand Naira (N200,000:00k) only being general damages suffered by the Plaintiff.

(b) AN ORDER OF COURT for the payment of the sum of One Hundred Thousand Naira (N100,000:00k…

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