BENJAMIN ONWUGHAMBA EZENWA VS OKPARA OKO & 2 ORS
May 30, 2025MADAM ABUSATU AGBOGUNLERI VS JOHN DEPO & ORS
May 30, 2025Legalpedia Citation: (2008) Legalpedia (SC) 51217
In the Supreme Court of Nigeria
Fri Jan 25, 2008
Suit Number: SC. 67/2002
CORAM
ALOYSIUS IYORGYER KATSINA-ALU JUSTICE, SUPREME COURT GEORGE ADESOLA OGUNTADE, JUSTICE ,SUPREME COURT
PARTIES
1. EDWARD OKWEJIMINOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant suffered food poisoning from the consumption of a bottled of fanta contained in a crate purchased from the 1st respondent but manufactured by the 2nd respondent.
HELD
Whether on the totality of the case as borne out by the evidence on record the Court of Appeal was justified in reversing the judgment of the trial court and in coming to their judgment dismissing the Appellant’s claim. ?
ISSUES
The court held that the appellant was entitled to claim damages against the respondents for breach of duty of care and that the decision of the court of appeal dismissing the appellant’s claim was in error. ?
RATIONES DECIDENDI
CASES CITED
Dina v. New Nigerian Newspapers Ltd (1986) 2 NWLR (Pt. 22) 353, Agnocha v. Agnocha (1986) 4 NWLR (Pt. 37) 366Donoghue v. Stevenson (1932) AC 562?
STATUTES REFERRED TO
None
