Marwako Fast Food to appeal court ruling ordering them to pay over GH?1m in damages

Marwako Fast Food has vehemently disagreed with the court ruling ordering the company to pay in excess of one million Ghana cedis for selling contaminated food to some persons.

On Tuesday, July 16 news broke out about the company being ordered by an Accra High Court to pay over one million Ghana cedis in damages to some three siblings who were the plaintiffs in the matter.

The Adentan circuit court in its ruling said it found Marwako guilty of breaching its duty of care and selling food contaminated by pathogens to the plaintiff.

“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.

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

However, the company is challenging the court’s ruling. Speaking exclusively to 3News, Mohammed Amin Lamptey, Head of Corporate Communications at Marwako said the company has decided to appeal the court’s ruling by Monday, July 22.

He said the company believes the court’s verdict has “no legal and factual basis” as there are “contradictions”.

“We (management) had a marathon meeting today [July 16] with our legal team to scrutinize the judgement, and the company lawyer was furious about the judgement because the judge contradicted herself in many areas of her own judgement underpinned by plaintiffs own claims and evidence. Marwako Fast Food Ltd has taken a decision to file an appeal lastest by Monday,” he stated.

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 broke out 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.

The post Marwako Fast Food to appeal court ruling ordering them to pay over GH?1m in damages first appeared on 3News.

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