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HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): From the records transmitted by the Appellant to this court, this is an appeal against a garnishee order absolute of the High Court of Delta State delivered on 21/5/2009 by Hon. Justice T. O. Uloho. The background facts that led to this appeal as gathered from the record are as follows: In Suit no E/236/94, the 1st Respondent as plaintiff had sued the Appellant and two others jointly and severally.
The 1st Respondent had claimed that he drank a bottle of Maltina malt drink manufactured by the Appellant which said drink contained a dead slimy cockroach as a result of which the 1st Respondent suffered a plethora of ailments.
He had asked for damages of ₦3,000,000 (Three Million Naira).
After several adjournments the 1st Respondent as plaintiff called witnesses and testified in support of his case.
At the end of the trial and address, the trial court entered judgment for the Appellant on 4/7/2001 in the total sum of ₦2,00…