Marwako ordered to pay over GH₵1m in damages for selling contaminated food

Marwako Fast Food has been ordered to pay over one million Ghana cedis in damages to plaintiffs who were victims of a food poisoning incident in 2022.

The plaintiffs; Winifred Tse, Rodger Bismark Tse and Walter Tse have each been awarded an amount of GH₵345,000 as general damages and will jointly receive special damages of GH₵25, 215.48.

Also, the court awarded GH₵10,000 against the Defendant for the Plaintiffs’ legal representation costs and overall litigation expenses.

The plaintiffs who are siblings contended that they experienced food poisoning exhibited through abdominal pains and vomiting and were down with diarrhea when they purchased food from the defendant, Marwako Fast Food on May 8, 2022.

The incident occurred on May 8, 2022, the same day several Ghanaians complained on social media about food poisoning after buying food from the East Legon branch of Marwako Fast Food.

According to court documents sighted by 3News, Marwako was found guilty of the assertions by the plaintiff as it concluded that its food bought on the day of the incident was contaminated with pathogens.

“Consequently, the court finds that the food items tested from the Defendant’s branch were indeed contaminated with a heavy microbial load (pathogens). However, there is no evidence on record regarding the source of this contamination.

“Therefore, the court concludes that the food sold by the Defendant’s East Legon branch to 598 customers, including the 1st Plaintiff, on that day was contaminated with pathogens,” the court documents said.

However, in its defencce, Marwako argued that while the food discovered at its East Legon branch exhibited contamination due to a heavy microbial load, the food purchased by the 1st Plaintiff should not be deemed similarly contaminated.

But the court disagreed with Marwako’s defence. It said it finds Marwako’s argument “untenable and in blatant and unbridled defiance to logic.”

The court further concluded that Marwako Fast Food breached its obligation of duty of care to its customers.

Background

The plaintiffs had filed a writ of summons against Marwako Fast Food on January 19, 2023 for an alleged harm or injury they incurred from eating food purchased from the East Legon branch of the Defendant, Marwako Fast Food.

In the suit, they prayed the court to grant the following reliefs;

General damages for physical injury suffered by the Plaintiffs.

General damages for psychological trauma following the injury and harm caused to the Plaintiffs.

General damage for inconvenience and general discomfort suffered by the Plaintiffs.

An Order directed at the Defendant to refund the amount of GHC25,215.48 which amount constitutes special damages.

Costs inclusive of legal fees.

The plaintiffs claimed that they suffered physical injuries, psychological trauma, and general discomfort due to food poisoning after purchasing 6 packs of fried rice from the Defendant’s East Legon branch on May 8, 2022.

This was after news spread on social media about some other 30 people experiencing food poisoning after consuming food from the East Legon branch of Marwako.

But Marwako in its defence denied the allegations of food poisoning although it confirmed that the plaintiff bought six packs of fried rice from its East Legon branch.\

Source: 3news