A MEDICAL student has dragged Legana Meat Products and Pick ‘n’ Pay Supermarket to court seeking general damages for tortious liability for the alleged condom she found in a Hungarian sausage suspected to be a product of the company.
Luyando Kopakopa is claiming for tortious liability arising from the consumption of disputed Hungarian sausage product which is a product of Legana as the plaintiff is not disputing the casing or grading of the sausage but the nature or appearance of the casing of the same sausage which was substandard and a total negligence on the part of Legana Meat Products.
According to a statement of claim filed in the Lusaka High Court on August 12, 2019, Kopakopa states that on or about August 3, 2019 she purchased one kg of Hungarian sausage from Pick n Pay Makeni Mall and stored it in freezer until August 6, 2019 when she opted to fry two sausages.
Kopakopa claims that after preparing the sausage, she immediately gave a piece to her husband and she proceeded to eat some up to a point where she encountered what allegedly appeared to be a used condom which contained some meat inside.
The complainant alleged that the sausage contained an outer cover and that the meat which was on the suspected condom appeared to her like human flesh.
The medical student stated that upon observing the same she allegedly went into convulsion, stress, fear and excessive vomiting.
“As a result of the above, the plaintiff went into rage to a point whereby she had no option but to alert members of the public through a video on social media of the danger and fear she encountered by consuming the product of the first defendant company. The plaintiff did undertake the trouble of seeking medical attention at Kabwata Clinic where the doctors diagnosed her (Kopakopa) and indeed found that she was traumatized which led into her excessive vomiting and stomach upset which led to the inflammation of ribs,” claimed Kopakopa.
The plaintiff is therefore seeking general damages for nausea, excessive vomiting as well as inflammation of the ribs.
Kopakopa wants an order of the High Court that the defendant company (Legana) be advised and, or guided to produce products vis-a-vis Hungarian sausage in conformity with the general standards in order to put would be clients safe as the sausage in question was of a lesser standard, as it was different from the other sausages that Legana produced.
She is also seeking a further order that the court takes the video and its contexts which went viral on social media pertaining to the defective sausage product not to have been made in malafide or ill intentions as complained by the first defendant that the plaintiff gave false information to the general public but was merely trying to safeguard her health and that of the general public at large at the time of consumption.
Kopakopa wants costs and any other relief the court may deem fit.
Following the video that circulated on social media and a report to the Lusaka City Council by a complainant Eric Ng’andu that the sausage allegedly contained a condom, the council through the Department of Public Health instituted investigations in the matter.
LCC public relations manager George Sichimba said the investigations revealed that there was no evidence of foreign matter identified in the suspected Legana Hungarian sausage.
Last September proprietor of Legana meat products Edith Nawakwi filed a complaint against a Lusaka-based firm Humility Investment at Kafue police post for allegedly counterfeiting Legana sausages in Kafue.
Nawakwi contended that many customers in Kafue were calling Legana Investments to complain about the unusual taste of the company’s alleged sausages.
“We’ve been receiving complaints from Kafue residents and customers that the sausages which they are buying doesn’t taste like Legana and this has been going on for like three months and it got us very worried. We lodged a complaint initially at Woodlands Police Station, which complaint was to the extent that we believed there are people who are trading under the name of Legana without our permission. We did make some breakthroughs at that time but we didn’t have concrete evidence,” said Nawakwi.