THE Lusaka High Court has dismissed the matter in which a medical student dragged Legana Meat products and Pick n Pay Supermarket to court seeking general damages as result of the alleged condom which she found in Hungarian sausage suspected to be a product of Legana.
Justice Elita Mwikisa on October 31 threw out the matter from the active cause list owing to non appearance of all parties in the matter.
“Due to non appreance of the parties herein, the matter is struck off the active cause list with leave to restore within seven days from the date herein or else it could be considered dismissed,” Judge Mwikisa said.
Meanwhile Lusaka lawyer Sebastian Zulu of Messrs Zulu and Company has withdrawn representation as an advocate for Kopakopa in the matter.
Zulu has also withdrawn his representation of Kopakopa and her lover, Eric Ngandu, a police reserve officer, in a matter the pair has been counter sued by Legana Investment Limited for defamation for publishing libelous statements that the company produces Hungarian sausages contaminated with human flesh and condoms.
According to the notices of withdraw in both cases, State Counsel Zulu explained that he decided to withdraw from representing the clients after they wrote to him that they had appointed Tutwa Ngulube and Company to represent them.
In this case Luyando Kopakopa was claiming for tortious liability arising from the consumption of disputed Hungarian sausage 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 stated that on or about August 3, 2019 she purchased 1 kg of Hungarian sausage from Pick n Pay Makeni Mall and stored it in the freezer until August 6 when she opted to fry two sausages.
Kopakopa claimed that after preparing the sausage, she immediately gave a piece to her ‘husband’ and she proceeded to eat some until up to a point where she encountered what allegedly appeared to be a used condom which contained meat inside.
The complainant alleged that the sausage contained an outer cover and that the meat which was on the suspected condom appeared like human flesh to her.
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’s 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.
She sought general damages for nausea, excessive vomiting including inflammation of the ribs.
Kopakopa wanted 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 further sought an order that the court takes the video and it’s 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 also claimed for costs and other reliefs the court could deem fit.