<p><strong> OGUNWUMIJU JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of Honourable Justice M. A. Folayan of the Kwara State High Court, delivered on 24th May 2004. The appellant herein was the defendant and the respondent herein was the plaintiff. Briefly, the facts which gave rise to this appeal are stated as follows: The respondent gave evidence as PW1 that on 3/4/2000, he purchased two bottles of Coca-Cola, a product of the appellant, from one Mrs. Agnes Olaniyan, a retailer, before he noticed visible particles in the liquid content of the bottle. He saw similar particles in the unopened bottle. After about two hours, the respondent felt unwell and consulted a doctor at the Epidemiology unit of the GRA within the vicinity of his residence.After his recovery he made efforts to get in touch with the appellant company to lay complaint but was not allowed access to them. He however wrote a letter exhibit D, which he delivered at the security post to which he received…</p>