Winfred Tse, Rodger Bismark Tse and Walter Tse were also awarded special damages of GHC25,215.48
The Adentan Circuit Court presided over by Mrs Sedinam Awo Kwadam also ordered Marwako to pay GHC10,000 as litigation expenses incurred by the plaintiffs.
The court noted the award of damages arose from “the physical injury suffered by the plaintiffs and for inconvenience and general discomfort suffered.”
It, however, turned down the prayer of the plaintiff seeking damages for the psychological trauma they suffered.
The court held that the defendant breached the duty of care it owed the plaintiffs when it sold contaminated food to the first plaintiff on May 8, 2022, which was consumed by all three plaintiffs on May 8, 2022.
According to the court, the three siblings were diagnosed with “food poisoning” and hospitalised, adding that the defendant, through its East Legon branch, was negligent in selling contaminated food to the first plaintiff (Winfred Tse).
“Furthermore, this negligence extends to each of the three plaintiffs,” the court added, saying the judgement should serve as a reminder to all that “food safety is not just a legal obligation, it is a moral imperative.”
The sibling had gone to court seeking legal remedy for an alleged harm or injury they incurred from eating food purchased from the East legon branch of the defendant, a commercial food vendor operating a chain of restaurants in Accra.
The plaintiffs (siblings) on January 19, 2023, issued a writ of summons at the court seeking general damages for physical injury suffered by them.
They also sought damages for physical injury suffered, general damages for psychological trauma following the injury and harm as well as damages for the inconvenience and general discomfort they suffered.
The plaintiffs also prayed to the court for an order directed at the defendant to refund the amount GHC26,215.48 as special damages and refund of legal fees of GHC10,000.
It was the case of the siblings that on May 8, 2022, they bought six packs of fried rice from the defendant’s East Legon branch, near the A and C Mall, Accra.
According to the plaintiffs, shortly after consuming the food, the plaintiffs experienced severe abdominal pain, vomiting and diarrhea during the early hours of May 9, 2022.
They asserted that they had not eaten any other meal after consuming the defendant’s food.
According to the plaintiffs, their symptoms persisted for two agonising days, leading to hospital admissions.
Winfred Tse was diagnosed with acute gastroenteritis at Nyaho Medical Centre while the second and third plaintiffs were diagnosed with “severe food poisoning ” at the Holy Trinity Medical Centre.
The defendant acknowledged that Winfred Tse, the first plaintiff, purchased six packs of fried rice worth GHC 228 from its East Legon branch on May 8, 2022, and received payment for the purchase.
The defendants, however, denied any liability regarding the plaintiffs claim of suffering food poisoning from the fried rice it sold to the first plaintiff.
The defendant also disputed the assertion that the food purchased on that day was contaminated, arguing the Food and Drugs Authority did not confirm negligence or culpability against it in relation to the plaintiffs’ allegation.
According to the court, the defendant had agreed that it received complaints from about 30 customers, who were receiving medical treatment after consuming food from its East Legon.
It said the defendant also noted visiting the affected customers and covering their hospital bills as a gesture of concern.
The defendants, however, clarified that “this action does not constitute admission of culpability”.
Additionally, the defendant challenged the plaintiffs’ interpretation of the FDA’s report and asserted that the conclusions drawn by the Authority did not establish contamination of the food purchased by the first plaintiff (Winfred Tse).
But the court held that the FDA found that the food samples obtained from the defendant and its branches, including the East Legon branch on the day of the incident “contained heavy microbial load linked to food borne disease reported”.
It said the FDA also concluded that “the levels of sanitation and hygiene in the food preparation area in the facilities of the defendant, including the East Legon branch, were poor.”
The court said the FDA further found out that the defendant “had poor storage practices, poor handling of ingredients used for cooking and high temperature of its freezers and refrigerators”.
It said the FDA indicated that the defendant destroyed some food items, which resulted in the FDA’s inability to establish the root cause of the contaminated food found at the defendant’s eateries.
According to the court the food poisoning incident on May 8, 2022, had been widely reported in both print and electronic media, which led to the FDA intervention and that all 53 customers who had eaten food sold by the defendant on the day of the incident were infected and had to receive medical treatment.
It said the defendant offered to pay the plaintiffs’ medical bills but refused to compensate them when the plaintiffs made written demands.
The World Health Organisation (WHO) says approximately 600 million people worldwide, almost one in 10, fall ill each year due to consuming contaminated food.
Tragically, 420,000 lives are lost annually as a result, accounting for a staggering 33 million healthy life years.
