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NIGERIAN BOTTLING CO. PLC. V. STEPHEN OBOH

(2000) JELR 55770 (CA)

Court of Appeal  •  CA/J/58/98  •  3 May 2000  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD, JCA (Presided) CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JCA ISA ABUBAKAR MANGAJI, JCA (Read the Lead Judgment)

Judgement

MANGAJI, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Uloko C.J. sitting in the High Court of Plateau State in suit No. PLD/J135/94 dated 4th April, 1996, wherein judgment was entered for the respondent, as plaintiff, in the sum of N54,260.00 and the appellant too got judgment on its counter-claim in the sum of N179,142.40. Dissatisfied with the judgment, the appellant, as defendant in the court below, appealed to this court on three principal grounds of appeal. The facts giving rise to this appeal appear fairly simple. The plaintiff was the depot storekeeper of the defendant company at its Saminaka depot. The defendant company is a manufacturer of assorted brands of soft drinks including coca-cola, bitter lemon, sprite, fanta lemon and pure water. The plaintiff, as storekeeper, was responsible for the receipt of the defendantcompany’s products at the depot including of course crates (cases) with liquid contents, empty crates and plastic containers. …

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