A High Court sitting in Port Harcourt, Rivers State has slammed N6 million against the Nigerian Bottling Company (NBC) as special and general damages to Messrs Keregbe Kpa and Nuka Livingstone. The company was to pay the amount to Kpa and Livingstone, as special and general damages caused them by the company after consuming contaminated drinks.

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 to him.”

More: http://channelkoos.com/index.php/news/2024-court-fines-nbc-n60m-for-selling-contaminated-drink-

Good development. But will it end there? Coca cola might go on appeal.

This will teach companies a big lesson - don't compromise the welfare of your customers for cheap gain or you could pay dearly for it.

I'm sure NBC wud appeal,buh i earnestly pray dat d appellate court holds against dem,de've escaped several punishments already.

I can't imagine paying money to drink coke-cockroach sweetened drink.

I cant remember the last time i bought the KOKA KOLA.

Nothing gud in dat drink. Keep off.................its dangerous to your health.

Another opportunity for the guy that found condom inside coca cola

Good lesson for these companies in Nigeria who are only concerned about their profits and not the health and safety of Nigerians. By the way, the title says N60million, while the story says it‘s N6 million. @Op, cross-check. And how come the ligitation took so long? Nigerian legal system sha.

''Res ipsa loquitor''- The truth speaks for itself. Can't be sayin' you've got state-of-the-art cleaning processes while they are roaches in your bottle. And I'm surprised it took the court 3yrs to pass verdict #Smh.

Raxxye: Good lesson for these companies in Nigeria who are only concerned about their profits and not the health and safety of Nigerians. By the way, the title says N60million, while the story says it‘s N6 million. @Op, cross-check. And how come the ligitation took so long? Nigerian legal system sha.

Raxxye: Good lesson for these companies in Nigeria who are only concerned about their profits and not the health and safety of Nigerians. By the way, the title says N60million, while the story says it‘s N6 million. @Op, cross-check. And how come the ligitation took so long? Nigerian legal system sha.

Raxxye: while the story says it‘s N6 million. @Op, cross-check. And how come the ligitation took so long? Nigerian legal system sha.

Litigation bruh. #Irony

Coke and cockroach! What a combination!

Good developemnt, the companies in Nigeria will surely learn quality and good customer satisfaction when making their products or services

That money is too small,NBC is just pathetic

This is good news.Nigeria is on a part of progress

O boy see promo.Buy a bottle of coke look into the bottle. If​U̶̲̥̅̊ see a dead or decomposing cockroach​U̶̲̥̅̊ stand a chance †̥ win 6 MILLION NAIRA!!Hurry now. this promo will last fO̶̷̩̥̊͡Я a life time. Check Nairaland fO̶̷̩̥̊͡Я update

This aint the 1st time this kind of thing is happening in Nigeria, especially with regards to Coca Cola. I remember an episode in 1991 wen a man won a lawsuit he lodged against BNC cos of similar problem. I once say something like dead insect in a bottle of cocal cola in the same 1991 or 1992. This guys give their consumers nonsense to consume. I feel 6million is too small a fine. If our judiciary can slap a fine of 50million and upwards, and the appeal court judges resist the lure of bribes, all FCMG companies will wakeup to their responsiblity.

talk true: Another opportunity for the guy that found condom inside coca cola

ahn ahn!dem dey bingo inside d production factory?

lugado: O boy see promo.Buy a bottle of coke look into the bottle. If​U̶̲̥̅̊ see a dead or decomposing cockroach​U̶̲̥̅̊ stand a chance †̥ win 6 MILLION NAIRA!!Hurry now. this promo will last fO̶̷̩̥̊͡Я a life time. Check Nairaland fO̶̷̩̥̊͡Я update

....Terms and Conditions apply sha o....

On a serious note, i think it's high time NBC paid for their negligence, i mean, come to think of it, i had a similar experience sometime ago.

Went to the staff canteen to eat and chose to wash down my meal with Schweppes bitter lemon,a product of NBC, i hadnt open it wen i saw a sweet wrapper in it.

Imediately i called my friend who works with the coy as a SALES REP and she told me no damage has been done to me dat i berra "bone" and buy another bottle coz i cant win d case.

i felt pathetic but omo, na so me sef drop d "exhibit", return to my desk for office.

i think coca-cola should change it name coca-cockroach

berem: Coke and cockroach! What a combination!

and to think that they both have same colour, hmmm! maybe thats part of the ingredient; it probably didnt blend well

The same fate could have befallen another company I know but some people who love it (the company), stepped in to save it by destroying the evidence.

berem: Coke and cockroach! What a combination!

It is quite common too.

thats wat u get wen u put square pegs in round holes...
God will save us all

I discovered cockroach inside one of the Schwepps supplied to my sisters bar few months and wanted to sue NBC for negligence but lawyer was not couragous enough to file the case on the ground that NBC might use their machineries to influence the case.

Good to know somebody is able to make them pay for their incompetencies,serves them right.

Only #6milla? Why? Nigeria Judicial System can be very ridiculous some times

That is good judgement because we are too careless in this country as we do not value life.
Most at times, you see the way most of these company's staff act on issue like this when you confront them.This will make companies in Nigeria to sit up and take necessary health security steps in handling the production of their products.
This should even go to eatery places and their likes who take pleasure in serving rotten foods meats to their customers.

SirJohn:

and to think that they both have same colour, hmmm! maybe thats part of the ingredient; it probably didnt blend well

You might be right oh...afterall they've been bragging about a "secret taste formula" which would be passed on from generation to generation

PortHarcourtBoy:

You might be right oh...afterall they've been bragging about a "secret taste formula" which would be passed on from generation to generation

Yess secret taste formular wit decomposed cockroach and crap.
Thank God the Judiciary is working.

Thanks for sharing.

SirJohn:

and to think that they both have same colour, hmmm! maybe thats part of the ingredient; it probably didnt blend well

lol! U wicked o!

@Raxxye-if the incident happened in 2008 and judgement is been delivered now in 2012-that is normal for any country in the world including the USA where I live and pretty damn fast for Nigeria. There are cases in Nigeria that have been in court since 1973. All it takes is for one side to keep asking for adjournments and creating new excuses for it.
The lunatic Army colneal who killed 9 of his fellow soldiers at Fort Hood in 2009 has still not faced justice. The bastards who planned 9 11 are still awaiting trial after 11 years-all the USA which has by any standards the best justice system-not too talk of civil cases where someone may have to cough out millions of his money.