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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.
East
Legon
branch
of
Marwako
closed
down
for
investigation
in
alleged
food
poisoning
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.