Imagine quenching your thirst with a bottle of Fanta, only to find that it contains something utterly repulsive a dead, decaying cockroach. This disturbing scenario forms the crux of the case Okwejiminor v. Gbakeji & Nigerian Bottling Co. Plc, a landmark decision that delves deep into the principles of tort law, negligence, and product liability in Nigeria.
Brief Facts of the Case.
The appellant, Okwejiminor, had a routine day on the 13th of February 1991. Tired and thirsty after work, he sought refreshment by drinking from a bottle of Fanta, which he had purchased earlier that day from Gbakeji, a retailer. However, while drinking, Okwejiminor felt an unpleasant sensation in his throat, prompting him to inspect the contents of the bottle. To his horror, he discovered that the Fanta contained a decaying cockroach, which emitted a foul odor.
The discovery led to immediate health concerns Okwejiminor experienced severe stomach pains that night, eventually resulting in a medical diagnosis of food poisoning. Laboratory tests revealed the presence of Shigella bacteria, a harmful pathogen often associated with cockroaches. As a result, Okwejiminor sued for damages, claiming that the contaminated Fanta had caused him considerable harm, both physically and emotionally.
Legal Issues Before the Court in Okwejiminor v. Gbakeji & Nigerian Bottling Co. Plc[2008] 5 NWLR (Pt. 1079).
The case posed crucial questions about the responsibilities of manufacturers and retailers in ensuring the safety of their products. The key issues before the court included:
1. Was there a duty of care owed by the Nigerian Bottling Company, the manufacturer of Fanta, to Okwejiminor to ensure the product was safe for consumption?
The Nigerian Supreme Court, per Tanko JSC, answered this in the affirmative. Citing the foundational English case Donoghue v. Stevenson [1932], the court reinforced the notion that manufacturers owe a duty of care to the ultimate consumer, even in the absence of a contractual relationship. This judgment underlined the essential principle that a manufacturer’s responsibility goes beyond just selling a product it includes ensuring that the product is safe for human consumption.
ISSUE 2. Did the retailer, Gbakeji, bear any responsibility for the contaminated Fanta?
In contrast to the manufacturer, the court found that the retailer, Gbakeji, could not be held liable for the contamination. The retailer was simply a distributor, and there was no evidence to suggest that they had altered the product in any way. As such, the court ruled that Gbakeji had no fault in the matter.
Below are Key Legal Principles and Judgments Established in Okwejiminor v. Gbakeji & Nigerian Bottling Co. Plc[2008] 5 NWLR (Pt. 1079)
DUTY OF CARE: The manufacturer, Nigerian Bottling Company, owed a duty to ensure that its products, especially consumables like Fanta, were safe for consumption. This duty of care is fundamental in negligence law, particularly in cases involving defective products.
BREACH OF DUTY: The court found that the Nigerian Bottling Company had indeed breached its duty by allowing a foreign object (a dead cockroach) to remain in the bottle of Fanta. This breach directly caused harm to the plaintiff.
CAUSATION AND DAMAGE: The court determined that the contamination of the Fanta directly led to Okwejiminor’s illness, as proven by medical evidence. The physical harm was the result of the manufacturer’s negligence, and the plaintiff was entitled to compensation.
The Supreme Court thus, in its final ruling, reversed the judgment of the Court of Appeal and upheld the decision of the trial court Awarding to the following substantial damages to Okwejiminor the plaintiff:
₦551.00: The cost of medical treatment incurred by the plaintiff.
₦27.00: The cost of the crate of Fanta that contained the contaminated bottle.
950,000.00: General damages for pain, suffering, and emotional distress caused by the incident.
In total, the plaintiff was awarded ₦977,551 in damages. However, please note Okwejiminor’s claims for loss of business and loss of life expectancy were dismissed.
The dismissal of these claims highlighted the court’s reluctance to award damages for pure economic losses -losses not directly linked to personal injury.
in recapitulation,The case of Okwejiminor v. Gbakeji & Nigerian Bottling Co. Plc is a significant one in Nigerian tort law. It affirms the principle that manufacturers have a clear duty of care to ensure the safety of their products, especially those that are consumed by the public. The ruling also underscores the importance of product liability and the legal remedies available to consumers who suffer harm due to negligence. This case serves as a reminder to manufacturers to uphold high standards of quality control and to ensure that their products do not endanger the health of their consumers. You may see the case asea twin brother of English case of Donohue v Stevenson. You may also see Law of Tort Note: Deceit in Tort Law
Hope this case summary was helpful check out for more by searching topics on the website bar. Criminal Law: Burglary and Housebreaking – Meaning and Differences Under Nigerian Law
