A businessman has dragged Century Bottling Company Limited to the High Court, demanding Shs51,780,000 as special damages for medical expenses he incurred after drinking soda allegedly containing broken bottle particles.
In a suit filed before the High Court in Kampala on Tuesday, Mr Martin Kayiwa claims after buying and drinking Krest soda, it contained broken glass particles, which he consumed and had to incur heavy medical bills to remove them.
Mr Kayiwa, through his lawyers of Byamugisha Gabriel & Co. Advocates, says that he purchased two bottles of Krest from Queens stores at Nakivubo.
In the court documents, he says he as usual opened the soda and starting drinking it but in the process, he realized an unusual taste in his mouth.
“…on scrutinizing the contents of the two bottles, he realized that the bottle he was drinking from contained particles of glass, hazy substance and insects at the bottom of the bottle and the bottle bought for his wife had a sizeable glass particle,” Mr Kayiwa’s suit reads in part.
He says consequently, his health condition deteriorated. “At that moment I become nauseated and developed stomach pain and vomiting, drowsiness which resulted into panic, distress, psychological torture, trauma and mental anguish,” the court document reads in part.
He adds that he was then rushed to Bugolobi Medical Centre from where he was later referred to Mulago hospital for further treatment.
“The plaintiff also reported the incident at Nakivubo Road police post under the reference SDREF/17/19/01/18. That he made a statement and the matter due to its seriousness was referred to the Central Police,” reads in part court documents.
Mr Kayiwa adds that a police surgeon later reviewed him and confirmed existence of adulterated substances in his body similar to those in the soda bottle he had consumed.
“To date the plaintiff’s medical condition has not yet stabilized and he has had to undergo several medical reviews and treatment both in Uganda and abroad at his cost due to the negligent actions of the defendant and the plaintiff claims special damages for the same,” reads the court documents in part.
He wants court to award him the damages and declare as negligent the company for producing and putting on the open market contaminated and adulterated beverages, which endanger public health.