Cecilia Gondwe has dragged Shoprite Mzuzu branch to court for selling her a tasteless and rotten cake with white worms.
According to a statement of claim which we have seen, on or about 1st February, 2023, Gondwe purchased a cake at Shoprite shop in Mzuzu, Katoto at the price of MK2,499.99 and after consuming it, she noticed that it was tasteless and rotten with white worms.
“When the plaintiff checked the cover, she discovered that the said cake was expired and immediately the Plaintiff developed nervous shock, nausea and later had continuous open bowels
“Later the same day, she went back to the shop and met one Pamela, who was the controller, who later on directed her to the shop Manager, a Mr Nyondo’s office in company of other tellers where she logged her complaint,” reads part of the statement signed by Gondwe’s lawyer, Chipiliro Mwale of Mbulo Attorneys at Law.
Gondwe further claimed that as she was logging her complaint, Nyondo started verbally assaulting her in presence of Pamela and other tellers.
“These were the Manager’s exact words in our vernacular language; “Vuto lake aMalawi simutha kuwerenga, cake yi yawola pati?, owola ndiweyo mtsikanawe”
“The Manager’s statement meant that the Plaintiff is unlearned and is diseased and hence the Plaintiff felt assaulted and defamed. Before this fateful day, the Plaintiff had on several occasions bought expired food from the defendant’s shop where when she confronted the shop, they would replace the expired products with newly or freshly produced ones,” reads the statement adding that Gondwe left the Manager’s office whilst crying and all other customers saw the tears
She claims that as a result of consuming a rotten cake, she suffered serious personal injuries such as general body pains, nausea, vomiting, headaches, light headedness, dizziness and diarrhea
Gondwe further said she suffered nervous shock due to the negligence and/or breach of duty by Shoprite.
Among others, she claims damages for pain and suffering, damages for loss of amenities of life, damages for inconvenience, damages for nervous shock, punitive or exemplary damages, damages for assault, damages for defamation, aggravated damages for defamation Costs of medical expenses and costs.
