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Customer sues Shoprite over expired chocolate

Kampala, Uganda | THE INDEPENDENT | A city resident, Francis Jjumba has run to court seeking more than 300 million Shillings in compensation from Shoprite supermarket for selling him expired chocolate.

In his documents before the High Court Civil Division, Jjumba contends that on April 23, 2020, he purchased groceries including ferrero rocher chocolate from Shoprite supermarket Lugogo branch along Jinja road.

According to Jjumba, he developed health complications after eating the chocolate and sought treatment at St. Felistus clinic in Bulenga where he was diagnosed with gastro-intestinal disorder which is associated with eating contaminated food or expired products.

He was referred to Lancet laboratories for thorough diagnosis and medical examination which forced him to retrieve the pack of the said chocolate and discovered that it had expired on April 10th 2020.

Through his lawyers led by Nalukoola Luyimbazi, Jjumba contends that by the time he bought and ate the said chocolate on April 23rd, it was unfit for human consumption.

Jjumba says that he visited other hospitals for treatment for the gastrointestinal disorder resulting from eating the expired chocolate.

He argues that the omission by Shoprite was deliberate as it failed to take care of its customers in breach of the standard guidelines issued by the Uganda National Bureau of Standards requiring sellers to withdraw expired products from their shelves.

Jjumba says that he has suffered untold inconveniences, mental anguish, anxiety and embarrassment. He now wants Shoprite to compensate him 306 million Shillings for general damages, inconveniences, treatment, and consultation and transport costs.

According to the evidence before the court, Shoprite was served on May 26, 2020. The Registrar of the High Court, Civil Division has directed Shoprite to prepare its defence within 15 days or else the court will proceed to hear the matter in their absence.

“Should you fail to file a defence on or before the mentioned date, the plaintiff (Jjumba) may proceed with the suit and judgment maybe given in your absence”, reads the summons to Shoprite in part.

Prior to the suit, Jjumba wrote to Shoprite through his lawyers a notice of intention to sue on April 28 2020 and gave them four days to pay him about 300 million Shillings in vain.

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