[2017]DLHC11898 • March 27, 2017 • High Court
DR. EDEM ANYIGBA vs. COCACOLA BOTTLING COMPANY OF GHANA LTD
The plaintiff, a reconstructive plastic surgeon, purchased a 500cl bottle of Coca-Cola at Meddinner Restaurant within Korle Bu Teaching Hospital. Upon opening and sipping the drink, he detected a slimy texture and noticed a whitish foreign substance floating in the drink. He reported this to the restaurant supervisor, who promised to notify the defendant. The plaintiff claimed to have suffered shock and abdominal pains as a result of consuming the contaminated drink and instituted a negligence claim against the defendant manufacturer.
read moreJUDGMENT Every manufacturer owes a duty of care to its consumers and irrespective of the chain of distributers between the manufacturer and the end consumer; it is an obligation of the manufacturer to make sure this duty of care is not breached. It is to the detriment of a manufacturer if the end product does not get to the consumer in the quality in which it was produced. It is under this circumstance that the plaintiff herein instituted this action on the 28th January, 2013, claiming damages for negligence and such other reliefs which may appear just. THE CASE OF THE PLAINTIFF The plaintiff, a reconstructive plastic surgeon alleged negligence against the defendant a body corporate established under the laws of Ghana and engaged in the production of non-alcoholic beverages. The defendant manufactures among other things Coca Cola drink. It is the case of the plaintiff that the defendant should manufacture her product with reasonable care such that it might not result i...