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Daniel Nemukuyu Senior Reporter
A bid by a Harare man to sue Delta Beverages for US$20 000 over claims that he discovered a rusty iron nail in a soft drink hit a snag after the Supreme Court threw out the lawsuit.Justice Paddington Garwe, sitting with Justices Vernanda Ziyambi and Yunus Omerjee overturned the decision by the High Court to dismiss an application by the company for absolution at the close of the plaintiff’s case.
Instead, he ordered the absolution of Delta on the basis that the plaintiff, Mr Onismo Rutsito, had no case and that there was no need for the company to outline its defence in the case.
The Supreme Court found no evidence to prove that Delta was negligent in any way and ruled that Mr Rutsito had no cause of action.
Justice Garwe ruled that Delta had no case to answer and that it should be cleared of any wrongdoing before being put to its defence.
Mr Onismo Rutsito allegedly fell ill after drinking Coca-Cola “contaminated” with a rusty iron nail and an unidentified object and was claiming US$20 051 in damages from Delta Beverages.
He claimed that after consuming the “contaminated” beverage he may have suffered bacterial infections. However, the beverage manufacturer has dismissed the claim arguing that its bottles are thoroughly cleaned in line with internationally-approved standards.
Advocate Thabani Mpofu, instructed by Dube, Manikai and Hwacha law firm, argued for Delta Beverages in the case while IEG Musimbe and Partners acted for Mr Rutsito.
In his papers, Mr Rutsito contended that on March 15, 2010 he bought a bottle of coke at a city filling station at around 8pm. After opening the bottle, Mr Rutsito said he took a long swig, placed it on a table and observed bubbles coming from the bottom. He reportedly took a closer look and saw a nail and a blackish foreign substance inside.
Mr Rutsito said on March 22, 2010 he visited a doctor who examined him and made tests whose results would have been presented as evidence during the trial.
The doctor, he said, prescribed antibiotics for him and informed him that he might have a bacterial infection. A meeting with Delta Beverages and Mr Rutsito was held and the firm explained to the latter that they were certified by the Standards Association of Zimbabwe and all bottles were checked and processed.
Mr Rutsito claims Delta Beverages offered to give him a crate of drinks, but he refused.
Online Reporter