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GUINNESS NIGERIA PLC V. PRINCE OBOT UFOT

(2007) JELR 53323 (CA)

Court of Appeal  •  CA/C/83/2001  •  5 Jun 2007  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA (Presided) JEAN OMOKRI JCA MOJEED ADEKUNLE OWOADE JCA (Read the Lead Judgment)

Judgement

OWOADE JCA (Delivering the Lead Judgment): This is a consolidated appeal against the decision of the Akwa Ibom State High Court, Ikot Abasi Division, contained in the rulings of Okpo J dated 29thApril, 1998 and 30th August, 1999 respectively.

By a writ of summons dated and filed on 11th August, 1997 in suit No. HAB/40/97, the respondent as plaintiff claimed against the appellant and one Mrs. Charity Ukofia as 2nd and 1st defendants respectively, the sum of N2million (two million naira) representing special and general damages for negligence in the manufacture of its product, Guinness Big Stout, which the plaintiff allegedly consumed and developed an ailment. The plaintiff/respondent’s writ of summons was followed by a statement of claim dated 20th August, 1997 and filed on 4th September, 1997.

Meanwhile, the 1st defendant filed a memorandum of appearance but the 2nd defendant (now appellant) didnot. However,on the 14th January, 1998, the appellant then 2nd defendant filed a statement …

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