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DR. EDEM ANYIGBA V. COCA COLA BOTTLING COMPANY OF GHANA LTD

(2017) JELR 107997 (HC)

High Court  •  SUIT NO. AD 18/2013  •  27 Mar 2017  •  Ghana

Coram
JUSTICE PATIENCE MILLS-TETTEH (MRS.)

Appearances
MAAME SARPONG HOLDING BRIEF FOR BRIGHT OKYERE AGYEKUM FOR PLAINTIFF; EBO LAING FOR DEFENDANT.

Judgement

JUDGMENT

MILLS-TETTEH (MRS.), J.

Every manufacturer owes a duty of care to its consumers and  irrespective of the chain of distributers between the manufacturer and  the end consumer; it is an obligation of the manufacturer to make sure  this duty of care is not breached. It is to the detriment of a  manufacturer if the end product does not get to the consumer in the  quality in which it was produced. It is under this circumstance that the  plaintiff herein instituted this action on the 28th January, 2013, claiming  damages for negligence and such other reliefs which may appear just. 

THE CASE OF THE PLAINTIFF 

The plaintiff, a reconstructive plastic surgeon alleged negligence  against the defendant a body corporate established under the laws  of Ghana and engaged in the production of non-alcoholic beverages. The defendant manufactures among other things Coca Cola drink. It is the case of the plaintiff that the defendant should  manufacture her product with reasonable care such that it m…

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