[1973]DLCA2340 • February 12, 1973 • Court of Appeal
OVERSEAS BREWERIES LTD. vs. ACHEAMPONG
The respondent, a legal practitioner in Kumasi, purchased a carton of beer manufactured by the appellants. Upon consumption, he detected kerosene in the beer, resulting in physical symptoms including burning sensation, vomiting, and stomach upset. Medical attention was sought and recovery occurred within two days. Analysis by the Pharmacy Department and the appellants confirmed presence of kerosene, though in quantities disputed as harmful.
read moreThe respondent, a legal practitioner resident in Kumasi, bought from a retailer in Kumasi, a carton of beer manufactured by the appellants in their factory at Accra. Two days after the purchase, the respondent opened one of the bottles and consumed half of the contents after he had poured it out into his usual drinking mug. The respondent smelt not only kerosene from the contents but tasted kerosene in his mouth and throat after drinking the beer. As a result he suffered a burning sensation in his mouth, he coughed, vomited and had stomach upset, frequent stools and a sleepless night. He was given medical attention and in two days he was fully recovered. The respondent, before reporting his experience to the appellants, had sent the bottle concerned with part of the contaminated beer in it to the Pharmacy Department of the University of Science and Technology, Kumasi, for analysis to ascertain how much kerosene was contained in the bottle. The Pharmacy Department reported that although...