This was a second appeal against the decision
of the Court of Appeal allowing the
respondent’s appeal against the judgment of
the High Court, which had dismissed the
respondent’s suit. The background is that the
respondent bought a soft drink from the
appellant which was found with starchy
substances. The drink allegedly caused him a
number of sicknesses and at trial, the court
dismissed his cause but on appeal, he was
successful and the respondent now appeals on
the grounds that the justices of appeal erred in
granting damages on the head that was not
claimed and in the alternative the grant of
damages that were excessive in the
circumstances.