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The claimants had through their counsel, Chigozirim Nwaodu, instituted a suit against the defendant on March 27, 2009, claiming the sum of N100 million as special and general damages. Justice Emmanuel Ogbuji, while delivering the judgment, found the defendant in Suit No.PHC/551/2009, guilty of negligence and breached its duty of care to the claimants.
The judge upheld that the NBC was negligent when it manufactured and sold to the first claimant, Keregbe Kpa, soft drinks contaminated with decomposing cockroach and other harmful substances on or about May 17, 2008. Ogbuji stated further that it was an absurd that the NBC’s Quality Assurance Manager, Mrs. Comfort Okere, who claimed the company had the state-of-the-art equipment could not tell the court how many bottles were washed daily and why their product was contaminated.
“I must state and agree with the claimants’ counsel that whatever may be the case, by the doctrine of res ipsa loquitor, the defendant has the obligation to explain how their products, which vessels underwent a state-of-the-art cleaning processes, acquired foreign objects or particles, that rendered them unsafe for human consumption.
“In fact, it is absurd that the defendant produces many bottles a day, but its witness stated that she did not know how many bottles are washed daily. In her testimony, she said their Port Harcourt plant produces 30,000 crates (720,000 bottles) of soft drinks a day, but did not know how many bottles the defendant wash a day.” While declining to grant relief of N23 million to the claimants, the judge upheld that they proved their case on preponderance of evidence.
“Wherefore, it is ordered and declared that the defendant was negligent and breached its duty of care to the claimants when it manufactured and caused to be sold to the first claimant soft drinks contaminated with decomposing cockroach and other harmful substances on or about May 17, 2008.
“The discovery of the said contamination by the guests of the first claimant in a child dedication ceremony he organized for his little daughter on May 18, 2008 and for which the first claimant was derogatorily called ‘an evil or blood money man, money ritualist’ and a similar plasters of infamy by the guests and other persons amounted to the defamation of the claimant or an aggravated embarrassment Click to signup for FREE news updates, latest information and hottest gists everyday
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That is a good judgment. I pray that soon, litigants will not have to wait for years before judgment is delivered in their respective matters. God help us!!!!!!!! FRANK
ReplyDeleteGud judgement but delayed. This is example of how slow our judcial system is.God help us.
ReplyDeleteHow are we sure of the genuity of this claim????
ReplyDeletenice one judge....fuck nbc
ReplyDeleteWhat is the evidence to proved when there is no liquid in the bottle. Anybody can put any thing inside and claim it was there. How such are we in this matter.!!!!!! Blessing
ReplyDeleteNigerians are really ....... pple. so the man that served the drink is now a staff of coca cola. everything for us is juju and blood money/ ritual.To the extent they are attacking him. yeye guests. They should carry thier bad luck n go. The day we will leave this kind of thinking behind we are ready for change. mtswwwwwww
ReplyDeleteThis is a welcome judgement for all nigerians. My wife just had a coke 35cl drink barely ten minutes ago and found a dead worm inside it. The NBC should ensure strict compliance to quality and not quantity.
ReplyDeleteNigerians it is high time to stop consuming all carbonated drinks and start drinking the most precious drink of all...............WATER.