Facts:

The respondent (plaintiff in the trial court) claimed to have bought two bottles of Coca-cola – a product of the appellant from one Mrs. Agnes Olaniyan, a retailer. He had drunk half the content of one of the bottles before he noticed visible particles in the liquid content of the bottle. He saw similar particle in the unopened bottle. After about two hours, the respondent felt unwell and consulted a doctor at the Epidemology Unit of the GRA within the vicinity of his residence. After his recovery he made efforts to get in touch with the appellant company to lay complaint but was not allowed access to them. He however wrote letter Exhibit D which he delivered at the security post to which he received no acknowledgment. He thereafter commenced an action at the High Court, Ilorin against the appellant and Mrs. Agnes Olaniyan, the retailer claiming the sum of N11,500.00 (Eleven Thousand, Five Hundred Naira) which he expended on medical treatment and the sum of N5m (Five Million Naira) as General Damages for the sundry inconveniencies and discomfort he suffered on account of the defendants negligence.

The respondent later withdrew his claim against the 2nd defendant. At the end of the trial, the trial court found for the plaintiff/respondent and awarded the sum of N11,500 (Eleven Thousand, Five Hundred Naira) and N50,000 (Fifty thousand Naira) as special and general damages respectively.