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damages from Delta Beverages Pvt Limited.
Mr Brian Moyo claims that after drinking the “contaminated” fanta, he suffered for several days from stomach cramps and had a running tummy and could not go to his office for two weeks.
He filed his claim with the High Court recently and cited Delta Beverages as the respondent.
However, the beverage manufacturer has dismissed the claim arguing that its production process is such that it does not allow the possibility of contamination of any of its products.
Justice Anne-Mary Gowora, sitting in his chambers, referred the matter for trial after a pre-trial conference.
Scanlen and Holderness law firm is representing Delta Beverages, while Mr Moyo is a self-actor in the litigation.
According to the joint pre-trial conference minutes, the court will determine whether or not there were moulds or contaminating substance in a 300ml fanta bottle Mr Moyo bought and drank.
The court will also seek to establish if Delta Beverages was negligent in manufacturing or distributing a contaminated product.
It will further seek to establish if it is possible, considering the manufacturing process and standards.
In addition, the court will determine whether or not Mr Moyo fell ill and if so whether or not his illness was a result of consuming contaminated fanta.
Also to be determined during trial is if Delta Beverages was negligent and is liable for the amount claimed.
In his affidavit, Mr Moyo contends that sometime in February this year he bought a fanta at a Mabvuku grocery shop, which was sealed and chilled and drank it immediately.
The drink, he averred was contaminated and tested different from the usual fanta in that he observed moulds inside soon after drinking.
Mr Moyo said he confronted the shop attendant who insisted the drink had not been tampered with as it was sealed.
He submitted that he fell ill and was attended by a doctor and his medical expenses amounted to US$440 after experiencing stomach cramps and a running tummy.
“During the time plaintiff could not work. He lost business in the sum of US$150 000,” Mr Moyo said.
He will tell the court that he is a businessman and was in pain for the two weeks and claims the sum of US$10 500 for pain and suffering.
Further, he said he would lead evidence from one Agness Matongo from the grocery shop.
Delta in its defence plea dismissed Mr Moyo’s claims and demanded him to prove his claim.
“Defendant denies having been negligent at all and puts plaintiff to the proof,” Delta submitted.
In December last year another Harare man claimed that he fell ill after drinking Coca-Cola “contaminated” with a rusty iron nail and an unidentified object and allegedly suffered from a bacterial infection.
The man – Mr Onisimo Rutsito filed a US$21 000 lawsuit against the beverage manufacturer.
But, Delta dismissed the allegations arguing that its bottles are thoroughly cleaned in line with internationally-approved standards.
Online Reporter