The Court of Appeal in the voice of the bold and confident Justice Afia Serwah Asare-Botwe who offered concurrence to the experienced Emmanuel Senyo Amedahe has dismissed the Appeal of Marwarko Fast Food Ltd. against its customer, Winifred Tse who together with others won over 1 million cedis in damages against Marwako for negligence through food poisoning.

In a judgment part of which contained a sermon of rebuke of the cooking conditions of the Appellant-Restaurant, Marwarko Food Ltd., the Court of Appeal in the evaluation of the evidence on the record and the judgment of the Circuit Court upheld the claims of the Appellant against the 2nd and 3rd Respondents.

The Court held the view that the evidence offered by the 2nd and 3rd Plaintiffs, a medical report, had a discrepancy in its date and thus, was not reliable evidence of the food purchased from Marwako as the cause of their food poisoning.

STAR OF THE MONTH - Professor Philip Ebow Bondzi-Simpson ESQ.

The Court however held that the evidence by way of medical records supported the claim of the 1st Plaintiff, Winifred Tse, that the food prepared by Marwako and acquired by the Plaintiff from the East Legon Branch of the restaurant on the 8th day of May, 2022 was the cause of her food poisoning leading to her hospital admission.

Judgment of H/H Sedinam Kwadam

The Adenta Circuit Court on the 24th day of June, 2024 granted all the reliefs of the Plaintiffs in the case of Winifred Tse & 2 Ors. v Marwako Fast Food Ltd. Suit No. C08/001/2023. The Court upheld the case of negligence against the Appellant-Fast Food business as brought by the Plaintiffs through their lawyer, the learned Elikem Adisenu-Doe of Afrimore Advisors .

The Court granted damages in excess of GH¢345,000 against Marwako in favour of each of the three Plaintiffs who acquired 6 packs from the East Legon Branch of the Restaurant but ended up with severe adominal pains, vomiting and diarhoea from the said food. The Judgment of the Court of Appeal dated today, the 12th day of March, 2026 has upheld in part the decision of the Circuit Court. The Circuit Court decision may be read/downloaded by a click here.

Unsanitary cooking conditions; FDA should sit up

The Court of Appeal during the delivery of its judgment conveyed its palpable displeasure at the unsanitary and low standard conditions of the running of the kitchen of the Appellant-Restaurant. The Court could not fathom the low standard temperatures of the deep freezer used by the Appellant in preserving its food and the location of toilet facilities in the restaurant. The Court chastised the Food and Drugs Authority for slacking on its duties in regulating food businesses in Ghana.

READ/DOWNLOAD JUDGMENT OF THE COURT OF APPEAL BELOW: