The Court of Appeal has affirmed the judgment of the Circuit Court in Accra in July 2024, which ordered Marwako Fast Food Limited to pay over GH¢1 million to three of its consumers who were poisoned after eating at a branch of the restaurant in 2022.
The Court of Appeal, presided over by Justice Afia Serwah Asare-Botwe, threw out the appeal of the famous restaurant, which was seeking to quash the order to pay the three customers GH¢345,000 each as general damages and special damages of over GH¢25,000.
According to a report by thelawplatform, the court ruled that even though there was a discrepancy in the medical report of two of the plaintiffs, the report of the third plaintiff showed that food prepared by Marwako was the cause of her food poisoning.
“The Court held the view that the evidence offered by the 2nd and 3rd Plaintiffs, a medical report, had a discrepancy in its date and thus was not reliable evidence of the food purchased from Marwako as the cause of their food poisoning.
“The Court, however, held that the evidence by way of medical records supported the claim of the 1st Plaintiff, Winifred Tse, that the food prepared by Marwako and acquired by the Plaintiff from the East Legon branch of the restaurant on the 8th day of May, 2022, was the cause of her food poisoning, leading to her hospital admission,” parts of the report read.
Background:
The Adenta Circuit Court on June 24, 2024, granted all the reliefs of three siblings who had sued Marwako Food Limited for food poisoning, ordering the restaurant to pay over one million Ghana cedis in damages to the plaintiffs.
The court upheld the case of negligence against the appellant, a fast food business. The siblings had contended that they suffered food poisoning, characterised by abdominal pains, vomiting, and diarrhoea, after purchasing food from Marwako Fast Food on May 8, 2022.
The plaintiffs, Winifred Tse, Rodger Bismark Tse, and Walter Tse, were each 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.
Source: Ghanaweb
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