A Lusaka based businessman has sued Pick n Pay in the Lusaka High Court for selling him rotten maize samp which caused him to suffer from diarrhoea, vomiting and nausea for three days.

In a statement of claim filed in court, Samuel Simwanza states that on August 19, 2018 while conducting his business in Kabulonga area, he felt hungry and decided to buy food from Pick n Pay at Central Shopping Mall. “The plaintiff bought nshima, maize samp mixed with powdered groundnuts, slush, afro wors and pineapple cane at the value of K87,000,” reads the statement of claim.

Mr Simwanza submits that after eating some of the maize samp, he felt nausea and started vomiting, an action which disturbed him and his friend from eating the rest of the food.

He claims that when he approached Pick n Pay offices, it was proved by the staff that the maize samp was rotten. Mr Simwanza claims the store then offered him K250 as compensation but he declined to accept the offer. He further claims that he suffered mental injury resulting from vomiting, nausea, diarrhoea and fear of death, which prompted him to seek medical attention at one of the health institutions.

Mr Simwanza also claims that Lusaka City Council, through its Public Health Department, confirmed that the samp was rotten and had moulds. He submits that he failed to conduct his business during the time of his illness and suffered poor health resulting in breach of statutory duty of care. Mr Simwanza has accused Pick n Pay of not taking reasonable responsibility of examining the maize samp and negligently selling the same to other members of the public without considering the injury to people’s health.

“The defendant is liable to pay damages for breach of statutory duty, injury caused to plaintiff as a result of the defendant selling unwholesome and adulterated food which was below the standards of hygiene recognised by law,” reads the statement of claim.
He is now demanding exemplary damages for personal injury and consequential loss