DANIEL HESSE
V.
GUINNESS GHANA BREWERY LTD

(2016) JELR 107534 (HC)    
High Court  ·  SUIT NO. BC/330/2015 ·  16 May 2016 ·  Ghana
CORAM
JUSTICE LAURENDA OWUSU
Core Terms Beta
plaintiff
defendant
negligence
duty
malta guinness
duty of care
can of malta guinness
general damages
plaintiff’s case
psychological trauma
special damages
cause of his illness
defendant’s case
food poisoning
medical staff
result of the canned malta guinness
witness statement
accompanying statement of claim
ample evidence
analysis of the issues
cans of malt
compensatory damages
consumer complaints
couple of tests
dangerous condition
dw1’s evidence
emotional trauma
exhibit
exhibit a
exhibit b
foundation’ judgment
honourable court
laboratory tests
local companies
lord wright
quality standards
special damages of gh
stomach upset
strict adherence
strict legal analysis
subsequent cases
summary of case
true state
utmost importance

JUDGEMENT 

The Plaintiff herein on the 22nd of January 2015 issued out a Writ of Summons against the  Defendant for: 

i. General damages for negligence. 

ii. Special damages for the medical and psychological trauma suffered by the Plaintiff  in the sum of GH₵30,000.00. 

iii. Costs. 

iv. Any other relief(s) that the Honourable Court may deem fit. 


SUMMARY OF CASE 

THE PLAINTIFF’S CASE 

The Plaintiff sets out his case by an accompanying Statement of Claim to the Writ of  Summons, an amended Reply, his Witness Statement filed on the 30th of July 2015 and the  Witness Statement of one Dr. Kofi Amaniampong filed on 11th February, 2016.

It is the Plaintiff’s case that on 4th November 2014 he visited a drinking spot at Tema New Town and bought a can of Malta Guinness. According to him after he had drunk almost half  of the content he felt a solid substance in his mouth and when he brought the drink out of his  mouth it contained clotted substances. His brother- in law who was by then with him took…

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