ETUKUDO EKEFERE NSIMA V. NIGERIAN BOTTLING COMPANY

CHIMA CENTUS NWEZE, JCA (Delivering the Leading Judgment): At the High Court of Akwa Ibom State, Eket Judicial Division, the appellant in this appeal [as Plaintiff] commenced an action by a Writ of Summons against the respondent herein [as defendant] He claimed the following reliefs:

(a) Declaration that the defendant was negligent in the manner of bottling its products, which negligence has caused injury to the plaintiff;

(b) Fifty Million Naira (₦50,000,000.00) being general and exemplary damages for negligence.

Pleadings were, duly, settled, viz, the Statement of Claim; Statement of Defence and Reply to the Statement of Defence. Parties, also, amended their pleadings, thus: Amended Statement of Defence and Amended Reply to the Amended Statement of Defence. The matter went on trial. Three witnesses including the plaintiff himself [as PW1), testified in proof of the plaintiff's case. PW2 and PW3 were the dealers who, allegedly, sold the defendant's supposed product and the Medical Do…