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Shoprite sued for Shs 300m for selling expired chocolate

FILE Shoprite Lugogo branch has been sued for allegedly sending expired chocolate

FILE Shoprite Lugogo branch has been sued for allegedly sending expired chocolate

A city resident has run to court seeking more than Shs 300 million in compensation from Shoprite supermarket for allegedly selling him expired chocolate. 
 
Francis Jjumba, in his documents submitted before the High court civil division, 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 alleged expired chocolate and sought treatment at St Felistus clinic in Bulenga where he was diagnosed with gastrointestinal 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 10, 2020. 

Through his lawyers led by Nalukoola Luyimbazi, Jjumba contends that by the time he bought and ate the said chocolate on April 23, 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 UNBS), 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 Shs 306 million for general damages, inconveniences, treatment, and consultation and transport costs. 

According to the evidence before the court, Shoprite, Africa’s largest consumer goods retailer was served on May 26, 2020. The registrar of the High court 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 Shs 300 million in vain.  

Comments

+3 #1 Roberto 2020-05-30 22:56
Foodstuff with long shelf life like chocolate have 'best before' and not a 'use by' date.

As such even 2 weeks expired chocolate would rarely cause any problems unless it has mold or similar degradations which can be easily spotted.

The plaintiff seems to have heard too much about the riches people in America can earn by starting such frivolous lawsuits.
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+3 #2 miki 2020-05-31 00:49
Gatrointestinal disorder! Can mean everything and nothing.

So general that it may be due to anything other than eating a chocolate past its due sale date!

Would have a remote chance if the diagnosis was something like food poisoning itself farfetched since chocolate bars are not known to have anything that would cause this unless when contaminated by bacteria.

Anyway keep dreaming about the 300m/-. This not to say that shoprite has no obligation to ensure that what they offer for sale is up todate and up to standard.

But just know that for most processed foods, just like many medicines, there is a factored in redundant time factor from the printed expiry date.
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0 #3 Doreen 2020-05-31 07:18
This article is about Shoprite SA in Africa. It is not telaed to Shoprite located on the East Coast in the United States.

The people in Africa do 't know the difference and I can see why. Every day they post on the US FB page asking questions. So if seems The Observer is just as stupid as they are.
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0 #4 Kabayekka 2020-05-31 23:04
Where exactly was this pack made and the date it was made?

One reckons African countries are not allowed to process Chocolate.
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+1 #5 Abalang 2020-05-31 23:53
So, how will Jjumba and his lawyers prove that the GI actually was caused by the chocolate he ate and nothing else that he had eaten on that day?

Did the laboratories he visited test the chocolate to establish if it had the organisms that infected him? While it is not right for Shoprite to sell expired stuff to its customers, which I think would be a solid case if Jjumba can prove that he purchased the chocolate from Shoprite (with a receipt), the barcode on the chocolate is what he actually purchased, and the date on the packaging shows it is expired, I hope he is prepared for a very difficult case.
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+1 #6 thinktwice 2020-06-01 12:31
soon people will sue for expired wine, yet the older the better
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0 #7 WADADA rogers 2020-06-01 19:49
Quoting Roberto:
Foodstuff with long shelf life like chocolate have 'best before' and not a 'use by' date.

As such even 2 weeks expired chocolate would rarely cause any problems unless it has mold or similar degradations which can be easily spotted.

The plaintiff seems to have heard too much about the riches people in America can earn by starting such frivolous lawsuits.


I agree, somebody wants to make money using dubious means. Shoprite usually sells goods that are about to expire atleast 6 months before the expiry date.

How did this happen. I mean how many Ugandans check expiry dates of products before they take them out of the shop. Besides, most of these goods are usually serialized, what if it is discovered that the chocolate was bought elsewhere
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