Marwako ordered to pay over GH¢1 million for 2022 food poisoning incident

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.

According to a report by 3news.com, the plaintiffs—Winifred Tse, Rodger Bismark Tse, and Walter Tse—have each been awarded GH¢345,000 in general damages and will jointly receive special damages amounting to GH¢25,215.48.

The court also awarded GH¢10,000 to cover the plaintiffs’ legal representation costs and overall litigation expenses.

The siblings contended that they suffered food poisoning, characterised by abdominal pains, vomiting, and diarrhea, after purchasing food from Marwako Fast Food on May 8, 2022.

Background

The incident coincided with widespread complaints on social media from several Ghanaians regarding food poisoning after dining at the East Legon branch of Marwako Fast Food.

According to court documents reviewed by 3news.com, Marwako was found guilty of the plaintiffs' assertions, concluding that the food purchased 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 stated.

In its defence, Marwako argued that while food at its East Legon branch showed contamination due to a heavy microbial load, the food purchased by the 1st Plaintiff should not be deemed similarly contaminated. The court rejected this argument, stating it was “untenable and in blatant and unbridled defiance to logic.”

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

The plaintiffs filed a writ of summons against Marwako Fast Food on 19 January 2023 for the alleged harm they suffered from consuming food purchased from the East Legon branch.

According to 3news.com, the plaintiffs sought general damages for physical injury, psychological trauma resulting from the injury, and general discomfort experienced. They also requested an order for the Defendant to refund GH¢25,215.48 as special damages, along with costs, including legal fees.

The plaintiffs asserted that they endured physical injuries, psychological trauma, and general discomfort due to food poisoning after purchasing six packs of fried rice from the Defendant’s East Legon branch on 8 May 2022. This incident followed reports on social media about over 30 other individuals experiencing food poisoning after eating from the same location.

In its defence, Marwako denied the allegations of food poisoning, although it confirmed that the plaintiffs had indeed purchased six packs of fried rice from its East Legon branch.

JKB/ADG

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