News / National
'Contaminated Fanta', man sues Delta Beverages for $150k
27 Jun 2011 at 04:57hrs | Views
Mr. Brian Moyo, a Harare businessman, who allegedly fell ill after drinking a fanta "contaminated" with moulds is claiming US$150 000 in damages from Delta Beverages Pvt Limited.
He filed his claim with the High Court recently and cited Delta Beverages as the respondent.
However, the beverage manufacturer has dismissed the claim arguing that its production process is such that it does not allow the possibility of contamination of any of its products.
In his affidavit, Mr Moyo contends that sometime in February this year he bought a fanta at a Mabvuku grocery shop, which was sealed and chilled and drank it immediately.
The drink, he averred was contaminated and tested different from the usual fanta in that he observed moulds inside soon after drinking.
Mr Moyo said he confronted the shop attendant who insisted the drink had not been tampered with as it was sealed.
He submitted that he fell ill and was attended by a doctor and his medical expenses amounted to US$440 after experiencing stomach cramps and a running tummy.
"During the time plaintiff could not work. He lost business in the sum of US$150 000," Mr Moyo said.
He will tell the court that he is a businessman and was in pain for the two weeks and claims the sum of US$10 500 for pain and suffering.
Further, he said he would lead evidence from one Agness Matongo from the grocery shop.
Delta in its defence plea dismissed Mr Moyo's claims and demanded him to prove his claim.
"Defendant denies having been negligent at all and puts plaintiff to the proof," Delta submitted.
In December last year another Harare man claimed that he fell ill after drinking Coca-Cola "contaminated" with a rusty iron nail and an unidentified object and allegedly suffered from a bacterial infection.
The man - Mr Onisimo Rutsito filed a US$21 000 lawsuit against the beverage manufacturer.
But, Delta dismissed the allegations arguing that its bottles are thoroughly cleaned in line with internationally-approved standards.
Justice Anne-Mary Gowora, sitting in his chambers, referred the matter for trial after a pre-trial conference.
Scanlen and Holderness law firm is representing Delta Beverages, while Mr Moyo representing himself in the litigation.
He filed his claim with the High Court recently and cited Delta Beverages as the respondent.
However, the beverage manufacturer has dismissed the claim arguing that its production process is such that it does not allow the possibility of contamination of any of its products.
In his affidavit, Mr Moyo contends that sometime in February this year he bought a fanta at a Mabvuku grocery shop, which was sealed and chilled and drank it immediately.
The drink, he averred was contaminated and tested different from the usual fanta in that he observed moulds inside soon after drinking.
Mr Moyo said he confronted the shop attendant who insisted the drink had not been tampered with as it was sealed.
He submitted that he fell ill and was attended by a doctor and his medical expenses amounted to US$440 after experiencing stomach cramps and a running tummy.
"During the time plaintiff could not work. He lost business in the sum of US$150 000," Mr Moyo said.
Further, he said he would lead evidence from one Agness Matongo from the grocery shop.
Delta in its defence plea dismissed Mr Moyo's claims and demanded him to prove his claim.
"Defendant denies having been negligent at all and puts plaintiff to the proof," Delta submitted.
In December last year another Harare man claimed that he fell ill after drinking Coca-Cola "contaminated" with a rusty iron nail and an unidentified object and allegedly suffered from a bacterial infection.
The man - Mr Onisimo Rutsito filed a US$21 000 lawsuit against the beverage manufacturer.
But, Delta dismissed the allegations arguing that its bottles are thoroughly cleaned in line with internationally-approved standards.
Justice Anne-Mary Gowora, sitting in his chambers, referred the matter for trial after a pre-trial conference.
Scanlen and Holderness law firm is representing Delta Beverages, while Mr Moyo representing himself in the litigation.
Source - Court
