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NIGERIA BREWERIES PLC v. DAVID AUDU

(2009) JELR 33783 (CA)

Court of Appeal  •  CA/A/235/05  •  18 Feb 2009  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; OYEBISI FOLAYEMI OMOLEYE JCA; ABDU ABOKI JCA;

Judgement

OYEBISI FOLAYEMI OMOLEYE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kogi State holden at Ankpa, delivered by Hon. Justice Y. Musa on the 3rd day of June, 2005.

The brief background facts of this matter according to the Respondent are that, on 26/11/2003 the Respondent was on a night out at about 8:00pm in company with two friends of his at Ochid Beer Parlour, Ankpa. There, he ordered for six bottles of star larger beer, a product of the Appellant. In the course of drinking his first bottle which he drank directly from the said bottle, he felt an object from the bottle in his mouth. He spewed out the object which was found to be the remains of dead cockroach. He subsequently took ill on the night in question, was taken to a hospital, treated for shock and gastroenteritis and discharged the following day.

On 1/12/2003, the Respondent as plaintiff instituted an action in suit no. AHC/13/2003 at the High Court of Kogi State against…

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