Wakilii

Sendi v Crown Beverages Ltd (Civil Appeal No. 17 of 2002)

Court of Appeal · [2004] UGCA 43 · 2004 Appeal Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Civil appeal from High Court dismissal of a negligence suit
Decision
Appeal allowed; appellant awarded Shs.15,000,000 general damages and one-third of costs here and below

Observed later treatment

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Holding

The Court of Appeal allowed the appeal, holding that the appellant had established a prima facie case that the contaminated Mirinda-Fruity was in the same state as when it left the respondent's factory, and that the respondent, having declined to controvert that evidence, was deemed to have accepted that the dirt was present at manufacture, amounting to a breach of the duty of care owed to consumers. The court rejected reliance on res ipsa loquitur, holding negligence must be both averred and proved. While impotence was not proven, the appellant proved other injuries (pain, vomiting, diarrhoea) and was entitled to a remedy. General damages of UGX 15,000,000 were awarded with one-third of costs here and below.

Outcome

Appeal allowed; appellant awarded Shs.15,000,000 general damages and one-third of costs here and below

Facts

On 22 December 1997 the appellant bought a bottle of Mirinda-Fruity from a retailer, who opened it for him. While drinking, he sensed small stones and noticed dirt in the bottle, and observed another bottle of Mirinda-Lemon on the rack also containing dirt. He reported the matter and took both bottles to the Government Chemist, who analysed them and found a starch substance suspended in the drinks, unsafe for human consumption. The same day the appellant developed nausea, vomiting and diarrhoea and sought treatment from his doctor, but did not complete it for lack of funds. He sued the respondent manufacturer in negligence, claiming Shs.30,000,000 in general damages, alleging the contamination caused injuries including weakness of his genitals and likely impotence. The respondent denied responsibility, asserting adherence to Uganda National Bureau of Standards quality controls. The High Court dismissed the suit for failure to prove breach of duty.

Issues

  1. Whether the appellant proved that the contaminating defect was present in the soft drink when it left the respondent's factory.
  2. Whether the respondent breached the duty of care owed to the appellant as a consumer.
  3. Whether the appellant proved injury caused by consumption of the contaminated drink and was entitled to general damages.
  4. Whether the doctrine of res ipsa loquitur applied to the appellant's claim.

Orders

  • Appeal allowed to the extent that grounds 1, 2 and 3 succeed.
  • General damages of Shs.15,000,000 awarded to the appellant.
  • One-third of the costs here and below awarded to the appellant.

Rules and key headnotes

Negligence — Manufacturer's Liability — Defect Present When Goods Left Factory
A consumer claiming against a manufacturer in negligence must establish that the defect causing injury was present in the article when it left the factory, that the defect was occasioned by the manufacturer's carelessness, and that the circumstances cast a duty on the manufacturer to take care not to injure the consumer.
Negligence — Res Ipsa Loquitur — Inapplicability to Manufacturer Defect Claims
There is no presumption of negligence in a manufacturer's product liability claim, and the maxim res ipsa loquitur does not apply; negligence must be both averred and proved by the claimant.
Burden of Proof — Effect of Uncontroverted Evidence
Where a claimant establishes a prima facie case that a defect was present when goods left the factory and the defendant elects not to controvert that evidence, the defendant is deemed to have accepted the fact, and the claimant's evidence stands proved.
General Damages — Proof of Injury — Entitlement to Remedy
Where a claimant fails to prove one alleged injury (impotence) but proves other injuries (pain, vomiting and diarrhoea), the claim is not defeated; a claimant who proves an injury is entitled to a remedy by way of general damages.

Cases cited (2)

  • Donoghue v Stevenson [1932] AC 562
  • Bonnington Castings Ltd v Wardlaw [1956] 1 All ER 615

Full judgment

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

Sendi v Crown Beverages Ltd (Civil Appeal No. 17 of 2002) [2004] UGCA 43 (8 October 2004)
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.