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Kabei v Kidawalime Bakery Limited (Civil Suit 154 of 2020)

High Court · [2023] UGHCCD 415 · 2023 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for negligence arising from alleged consumption of adulterated bread
Decision
Suit dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The plaintiff failed to prove that bread purchased from a retail shop was unfit for human consumption at the time it left the defendant manufacturer's factory, as required in product liability negligence claims. No expert evidence was adduced to establish the bread's condition when it left the factory, and no evidence linked the allegedly adulterated bread to the defendant's production. The suit was dismissed with costs to the defendant.

Outcome

Suit dismissed

Facts

On 25 May 2020, the plaintiff purchased a one-kilogram loaf of bread for UGX 4,500 from a retail shop at Kisaasi, Kampala. The bread was wrapped in packaging bearing the defendant's brand name. After consuming several slices, the plaintiff discovered the bread contained dirty material thread. The plaintiff suffered alleged mental shock and emotional distress. He contacted the defendant by telephone but received no positive response. The defendant denied ownership of the bread, asserting that counterfeit products using its packaging had emerged due to increased market competition. The defendant's witnesses acknowledged the packaging resembled theirs but denied the bread was produced at their factory. The plaintiff refused to disclose his location or the retailer's identity to the defendant's employees who sought to investigate.

Issues

  1. Whether the alleged bread was unfit for human consumption at the time of the purchase.
  2. Whether the alleged bread was produced and supplied by the defendant.
  3. What remedies are available to the parties.

Orders

  • The suit is dismissed.
  • Costs of the suit are awarded to the defendant.

Rules and key headnotes

Product Liability — Negligence — Burden of Proof — Defect at Time Product Left Factory
In a product liability negligence claim, the plaintiff must prove that a defect existed in the product at the time it left the manufacturer's factory, that the defect was caused by the manufacturer's carelessness, and that the circumstances placed the manufacturer under a duty to take care not to injure the plaintiff as a customer.
Expert Evidence — Product Defects — Necessity of Technical Examination
Determination of whether a product is unfit for human consumption is a technical matter requiring expert evidence, such as examination by a government analyst or bio-chemist, to establish the product's condition at the relevant time.
Burden of Proof — Product Liability — Linking Product to Manufacturer
Where a plaintiff purchases a product from a retail shop rather than directly from the manufacturer, the plaintiff bears the burden under sections 101 and 103 of the Evidence Act to adduce evidence linking the allegedly defective product to the defendant manufacturer's factory.

Legislation cited (2)

Cases cited (1)

  • Kalemera Godfrey and 2 Others v Unilever (U) Limited and Another (High Court Civil Suit No. 1181 of 1997)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Kabei v Kidawalime Bakery Limited (Civil Suit 154 of 2020) [2023] UGHCCD 415 (12 April 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.