Court upholds GHc1m compensation ruling against Marwako Fast Food Limited

The Court of Appeal of Ghana has upheld a ruling by a Circuit Court in Accra ordering Marwako Fast Food Limited to pay more than GH¢1 million in damages to three customers who suffered food poisoning after eating at one of its outlets in 2022.

The appellate court, presided over by Afia Serwah Asare-Botwe, dismissed an appeal filed by the restaurant seeking to overturn the earlier judgment which awarded each of the affected customers GH¢345,000 in general damages, along with special damages exceeding GH¢25,000.

According to a report by The Law Platform, the court acknowledged discrepancies in the medical reports submitted by two of the plaintiffs but held that the medical evidence presented by the third plaintiff clearly established a link between the food consumed at the restaurant and her illness.

The court noted that the medical report relied on by the second and third plaintiffs contained inconsistencies in the dates, making it unreliable as proof that the food purchased from the restaurant caused their food poisoning.

However, the court found that the medical records presented by the first plaintiff, Winifred Tse, sufficiently demonstrated that food she purchased from the East Legon branch of the restaurant on May 8, 2022, led to food poisoning that required hospitalisation.

Background to the case

The plaintiffs — Winifred Tse, Rodger Bismark Tse and Walter Tse — argued that they fell seriously ill after eating food purchased from the East Legon branch of the restaurant on May 8, 2022.

They reported symptoms including abdominal pain, vomiting and diarrhoea shortly after consuming the food.

The court ruled in their favour and awarded each of the siblings GH¢345,000 in general damages. In addition, the court granted special damages totalling GH¢25,215.48 to be shared among them.

An additional GH¢10,000 was also awarded to cover the plaintiffs’ legal representation and other litigation-related costs.