[1964]DLHC141 • April 20, 1964 • High Court
ABOAGYE vs. KUMASI BREWERY LTD.
On 3 February 1963, the plaintiff, Mr. I. R. Aboagye, a district magistrate, consumed a bottle of Star beer at his home. After drinking most of the beer, he discovered a palm nut moving inside the bottle. He experienced discomfort, vomiting, and diarrhoea that night and sought medical attention the next day. The plaintiff claimed damages against the defendants, the manufacturers of the beer, alleging negligence in bottling the beer which caused his illness.
read moreJUDGMENT OF DJABANOR J. On the afternoon of Sunday, 3 February 1963, the plaintiff Mr. I. R. Aboagye, then district magistrate at Bolgatanga in the Upper Region of Ghana was entertaining friends in his bungalow. He and a Mr. Mensah, a detective corporal, had Star beer, while the local bank manager, Mr. Storph had whisky. According to Mr. Aboagye after he had drank about three-quarters of the contents of the beer bottle and was pouring the rest into his glass he heard a clicking sound which appeared to have come from the bottle. He therefore held the bottle up and shook it and he then saw a palm nut moving inside the bottle. He let out an exclamation at the sight of this nut, which drew the attention of his guests to what he had found. They also examined the bottle and saw the palm nut moving in the beer in the bottle. Mr. Aboagye said he had a funny feeling after he had seen the nut and felt like vomiting, but did not then do so. After his guests departed he had a meal of ya...