The Court of Appeal has dealt a final blow to Marwako Fast Food Limited’s attempt to dodge a heavy financial penalty.
Presided over by Justice Afia Serwah Asare-Botwe, the court affirmed a previous ruling ordering the restaurant chain to pay over GH₵1 million in damages to three siblings who suffered severe food poisoning in 2022.
The ruling dismisses an appeal filed by the popular eatery, which sought to overturn a July 2024 judgment from the Adenta Circuit Court.
The Verdict: Negligence Upheld
The court’s decision centered on a 2022 incident where the plaintiffs—Winifred Tse, Roger Bismark Tse, and Walter Tse—fell ill after consuming food purchased from Marwako’s East Legon branch.
While Marwako’s legal team pointed to discrepancies in the dates of the medical reports for two of the siblings, the court found the evidence provided by the first plaintiff, Winifred Tse, to be “the smoking gun.” Her medical records clearly linked her hospital admission and physical distress directly to the food prepared by the restaurant on May 8, 2022.
Ultimately, the court held that the restaurant’s negligence led to the siblings’ suffering, which included abdominal pains, vomiting, and diarrhea.
Breaking Down the GH₵1 Million Payout
The financial implications for Marwako are significant. The Court of Appeal upheld the following compensation structure:
General Damages: GH₵345,000 awarded to each of the three siblings (Totaling GH₵1,035,000).
Special Damages: A joint award of GH₵25,215.48 to cover specific losses and medical costs.
Legal Costs: GH₵10,000 to cover the plaintiffs’ legal representation and litigation expenses.
“The Court held the view that the evidence… supported the claim of the 1st Plaintiff, Winifred Tse, that the food prepared by Marwako… was the cause of her food poisoning,” the report from thelawplatform noted.
Background of the Case
The legal battle began following a massive public outcry in May 2022, when several customers reported falling ill after eating at Marwako.
The Adenta Circuit Court initially ruled in favor of the Tse siblings in June 2024, citing a clear case of negligence against the fast-food giant.
This affirmation by the Court of Appeal serves as a landmark reminder for food service providers in Ghana regarding the high cost of compromising on food safety standards.