Firm has case to answer in used condom found inside beer, court rules

A High Court sitting in Enugu State yesterday ruled against Nigeria Brewery over a suit filed by a consumer, Mr. Peter Eze, and his wife, Mrs. Maureen Eze, who claimed to have discovered a used condom inside a Heineken lager beer.

The consumer, a resident of Enugu, is demanding N10 million over alleged health challenges he developed after consuming another bottle of the same brand of beer containing a dead cockroach.

In his claims before the court, he alleged that he became sick and was rushed to the Enugu State University Teaching Hospital, Parklane, after consuming the beer containing cockroach. He added that laboratory test conducted on him showed that he had food poison.

At the last adjourned date, Nigeria Brewery had through its counsel, G.M. Nwokoma, filed a preliminary objection, asking the court to strike out the suit for lack of jurisdiction. The company had contended that the since “Plc” was not added to the name Nigeria Brewery, the matter should be struck out as such entity does not exist.

However, counsel to the plaintiff, C.B. Alinnor, in a counter affidavit, argued that the omission of the word ‘Plc’ remained an error that could be corrected. He urged the court not to strike out the case on the basis of technicalities but to allow him correct the misnomer.

In his ruling, the presiding judge, Justice E.N. Alukwu, held that the omission could be corrected by an amendment, stressing that such could have occurred by a typographical error.

“The trend is to pursue justice instead of technicalities. I actually hold that the omission of the word ‘Plc’ is a misnomer that can be corrected by an amendment. Taking the whole circumstance, the claimants can still proceed with the case regardless. I hold that this suit survives. I actually rule that hearing continues,” the court held.

The case was adjourned to January 31, 2019 for continuation of hearing.

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