The Mzuzu Senior Resident Magistrate Court has found Lilongwe Dairy (2001) Limited guilty of selling expired milk to consumers.
Eight consumers through Lawyer Chipiliro Mwale of Mbulo Attorneys at Law dragged the company to court after they suffered serious personal injuries upon consuming the expired First Choice Milk and Enjoy Mixed berry.
The eight are Darson Kankhongwa, CSK Mkandawire, Feston Dzekedzeke, Mary Munthari, Casca Simwawa, Waynes Lipunga and Mercy Mkandawire.
According to court documents, on or about the 20th December, 2022, the plaintiffs purchased 11 packets of the Defendant 500ml packed First Choice Milk and 3 Enjoy Mixed berry (500ml) at Lilongwe Dairy Mzuzu branch and after consuming the Plaintiffs developed nausea and had continuous open bowels.
“The Plaintiff checked and indeed saw that the Defendant milk had expired and as a result, the Plaintiff suffered serious personal injuries like general body pains, nausea, vomiting, headaches, dizziness, diarrhea and nervous shock due to the negligence and/or breach of duty by the Defendant,” reads part of the documents
The plaintiffs blamed the company for permitting fresh milk product to contain injurious substances which are a threat to limb or life and their health, failing to take good or adequate measures whether by way of examination, inspection, test, observation, continued refrigeration or otherwise to ensure that the fresh milk products sold did not contain any injurious substances and failure to detect, remove, decomposing, rotten or expired fresh milk products.
They further said as a result of the negligence, they suffered loss as since they day the consumed food from the defendant’s shop, the plaintiffs have had repeated diarrhea such that they are unable to conduct their day-to-day businesses.
They claimed damages for pain and suffering, damages for loss of amenities of life, damages for inconvenience, damages for nervous shock, punitive or exemplary damages Costs of medical expenses and costs.
However, Lilongwe Dairy Limited did not challenge the claims.
Senior Resident Magistrate Godfrey Nyirenda entered a default judgement following the company’s failure to file affidavit of defence within seven days as per the court order.
On March 15, 2023, he awarded the eight damages for pain and suffering, damages for loss of amenities of life, damages for inconvenience, damages for nervous shock, punitive or exemplary damages Costs of medical expenses and costs, to be assessed later.
In an interview, Lilongwe Dairy Sales and Marketing Manager, Gabriel Peter Phiri described the judgement as shocking and a manifestation of jungle justice.
“If it’s true then it’s an error because we filed an affidavit of defence within the period we were ordered to. That there is a judgement we are just hearing it from you, which is a shock to us. It is even more shocking to us that there is a default judgement, unless if it is jungle justice, if thats the case, then it’s okay, but we are in a country where justice prevails,” He said
