A LUSAKA woman has dragged Woolies (Zambia) Limited, trading as Woolworths, to court for allegedly selling her expired mixed berry flavoured juice, making her daughters sick after consuming it.
Evelyn Mooka, who has sued as a mother and next friend of her 8-year-old and 11-year-old children, is seeking exemplary damages arising out of anxiety and mental torture for caring for sick children through the night, as well as damages for negligence, breach of contract and special damages in the sum of K844.50.
She also wants punitive damages arising from breach of statutory duty, costs and any other reliefs the Court may deem fit.
In a statement of claim filed in the Lusaka High Court Principal Registry, April 17, this year, Mooka explained that Woolies (Zambia) Limited carried out the business of retailing in different consumables.
She stated that on March 11, this year, at around 14:00 hours, she bought 1.5 litres of mixed berry flavoured juice at the price of K49.50 from the defendant’s Kabulonga outlet.
Mooka added that upon reaching home, she served her daughters the drink and they proceeded to consume it.
She, however, claimed that she thereafter smelt an obnoxious and foul scent emanating from the beverage in question both in the glasses and the remaining juice in the bottle.
Mooka further claimed that upon taking a closer look at the juice bottle, she noticed that it was written that the same should have been sold by March 7, 2020, and used by March 9, 2020.
She added that she panicked when she realized that she was sold an expired product, which should not have been on the shelf.
Mooka stated that by reason of the above, the defendant breached the contract of sale with her.
She further stated that she advised her daughters that they could no longer drink the beverage in question as it was an expired product, which should not have been sold to them by Woolies (Zambia) Limited.
Mooka stated that a few hours later, her two daughters showed signs of restlessness and illness to the extent of raised temperature and vomiting.
She stated that she spent an anxious and sleepless night tending to her two children, who by morning, had to be taken to seek medical attention.
Mooka stated that as a result, she incurred hospital bills for the treatment, including fuel cost of K200, talk time K100, hospital bill K495, purchase price of the juice K49.50 bringing the total to K844.50.
She added that Woolies (Zambia) Limited was negligent by selling an expired product to her and failed to take any or reasonable care to ensure that the 1.5 litres mixed berry juice sold in its outlet was not expired.