A LUSAKA resident has dragged Zambian Breweries PLC to the Lusaka High Court seeking damages for injuries caused to his health after allegedly consuming Mosi Lager containing fungal growth.
Fredrick Chinsala claims that after consuming part of the said beer, he suffered from nausea and later started experiencing skin rashes and irritating sores on his body.
In his statement of claim filed in the Lusaka High Court principal registry on June 5 this year, Chinsala stated that on November 3, 2019, he bought a Mosi Lager 375 mls at a liquor shop known as Aganzo situated in Chainda off Simon Mwansa Kapwepwe road in Lusaka.
He added that he was served with one bottle of Mosi Lager right at the counter by a female cashier and opened it in her presence.
Chinsala claims that after drinking part of it, he observed a matter floating at the bottom of the bottle and alerted the cashier.
“We agreed to notify the owner and the the Zambia Police Service. The plaintiff (Chinsala) alleges that he informed Simon Mwansa Kapwepwe Police Station who sent a police officer identified as Mr Mudenda at the scene, considering that the matter was criminal in nature,” read the statement of claim.
Chinsala claimed that when the police officer, Mudenda, arrived at the scene, he examined the bottle and agreed that there was a foreign matter.
He added that the officer took pictures using his mobile phone and later requested the cashier to notify the owner of the liquor shop but the shop owner said he was in Chongwe and advised her to cooperate with him (Chinsala) and the officer.
Chinsala stated that at the police station, entries were made in the occurrence book and the bottle remained in the custody of the police who advised him to report on November 5, 2019.
He however, stated that when he went there, the dealing officer was not on duty until November 7, 2019 when the police advised him to report to the health department at Lusaka City Council and the bottle was handed back to him.
Chinsala stated that when he filed a complaint with the department of health at LCC, he was also advised to file a complaint with Zambian Breweries the same day.
He stated that he lodged a complaint with Zambian Breweries who upon examining the Mosi Lager from their laboratory informed him that the bottle was for the company but could not accept liability.
Chinsala stated that on March 5, this year, he wrote to the defendant in response to its letter dated January 3, 2020 and proposed ex-curia settlement demanding K30,000 as compensation.
He claimed that on March 11, 2020, Zambian Breweries in its privilege letter with inscriptions “without prejudice” replied to his demand letter and insisted that they were willing to offer a case of Mosi Lager.
Chinsala contended that since he consumed about 110 mls of Mosi Lager, he suffered from nausea and later started experiencing skin rashes and irritating sores on the body.
“The entire action by the defendant has caused injury and damage to the heath, mental or physical being of the plaintiff due to negligence of duty of care imposed by the laws of Zambia,” read the statement of claim.
Chinsala now wants the court to order Zambian Breweries to award him real damages for breach of statutory duty care and aggravated damages for injuries caused to his health, mental or physical body.
He also wants exemplary damages for selling a bottle of Mosi Lager containing a fungal growth and nominal damages for infringing on his legal rights to enjoyment of his Mosi Lager.
