The Lagos High Court has ruled that Rotadet Hotel Limited, Ikorodu, Lagos has locus standi to institute a case against Guinness PLC.
Hon Justice L.A.M Folami (Ph.D) of the Lagos High Court has said that the case of the Claimant (Rotadet) is therefore predicated on product liability (as submitted by the Applicant Counsel) and negligence.
He added that the Claimant averred that the incident being complained of occurred in their hotel and that the product complained of was purchased from an accredited seller of the defendants products.
“I am satisfied that the claimant showed a nexus between it and the Defendant. I am therefore of the considered view that the Claimant showed it had locus standi to institute the present suit.”
Rotadet had sued Guinness Nigeria PLC, brewer of Smirnoff Ice the sum of N170m in the Lagos High Court due to its negligence in the production of the Smirnoff Ice with Batch No L9024L70011941 and Expiry date 240120. The action was taken after the efforts to resolve the matter at the Lagos Multi-door Courthouse failed.
In a case between Rotadet and Guinness at the Lagos Multi-door Court House, Rotadet stated through its solicitors Oluwole Kehinde and Rosemary Thomson (Mrs) of OKC Attorneys, Lagos that on May 21,2019, one of its valued customers, Tommy Buks and Company Ltd signed a contract to use Rotadet Hotel facilities for 24 in months.
On May 24, 2019 Mr Iyiola Adewole of the said Tommy Buks and Company Ltd ordered for a bottle of Smirnoff Ice, produced and sold by respondent, from the applicant’s hotel for consumption. Surprisingly, he said customer discovered that there was a fly in the bottle.
It added that the said customer was shocked and later informed the applicant that because of the incident, it would no longer be using the facilities and thereby rescinded the contract earlier signed with Rotadet.
Thus the singular act of negligence by the respondent in the production of manufacture and sale of the product resulted in loss of over seventy million and eight thousand naira to the applicant.
They stated that the presence of fly in the bottle shows clearly, negligence on the part of the respondent, which resulted in colossal loss of earning and loss of profit to the applicant.
However, the Company Secretary/Legal Director Guinness Nigeria PLC, Rotimi Odusola had earlier stated in a letter to the solicitors of Rotadet Hotel that Guinness Nigeria PLC is a reputable company committed to producing high quality and safe products.