LUSAKA private bailiff Patrick Mpundu Mulemena and Solwezi farmer Ledley Kapijimpanga have sued L.A Fast Foods in the Lusaka High Court seeking damages for selling them stale fish noodles.
Mulemena and Kapijimpanga, who have jointly sued, are also demanding punitive damages for being subjected to eating stale food that resulted to health injuries and well-being as they both reacted to food poisoning.
According to a claim filed in the principal registry, the plaintiffs stated that on January 26, they bought fish noodles from L.A Fast Foods located on Lumumba Road in Lusaka, which they consumed.
They submitted that upon being full, both left small portions of the said noodles in the car and proceeded to UTH where Mulemena had an appointment for physiotherapy.
They further claimed that Mulemena suddenly started sweating profusely, felt nauseous and vomited.
“He rushed to the lavatory where he passed loose stool and had continuous stomach ache. The doctors at UTH quickly attended to Mulemena and it was suspected that he was reacting to food poisoning,” read the claim in part.
The two stated further that after taking some medicine, Mulemena decided to check on Kapijimpanga whom he found vomiting and complaining of stomach pains.
“Upon experiencing the same symptoms, the plaintiffs decided to take the leftovers of the fish noodles they had both been eating to the public health department of the Lusaka City Council for analysis. On March 2016, they received a report from the assistant director of public health that the samples of food that were submitted to the food and drugs laboratory revealed that the fish noodles had gone stale and were not fit for human consumption,” read the statement.
They stated that L.A Fast Foods negligently failed and was in breach of their statutory duty by offering for sale to the public food which was stale without lawful justification.
The two are also seeking damages for personal injuries to their health with interest on any award given at the current Bank of Zambia lending rate.
The duo further want an order for costs and any other relief that the court may deem fit.