BY Daniel Bampoe
The Court of Appeal has partially upheld a landmark judgment against Marwako Fast Food, dismissing the company’s appeal in a negligence case brought by a customer Winifred Tse, who suffered food poisoning after purchasing a meal from the restaurant.
The appellate decision, delivered on March 12, 2026, affirmed key findings made earlier by the Adenta Circuit Court, which had ruled in favour of the plaintiffs and awarded damages exceeding GH¢1 million in total.
The panel of the appellate court included Emmanuel Senyo Amedahe, whose decision was supported by a concurring opinion from Afia Serwah Asare-Botwe. In the judgment, the court dismissed Marwako’s attempt to overturn the negligence ruling, while also reviewing the evidence presented by the parties during the trial.
Background
The legal dispute began after three customers—Winifred Tse and two others—filed a lawsuit against the restaurant following a meal purchased from its East Legon branch on May 8, 2022.
The plaintiffs had bought six packs of food from the outlet but later developed severe symptoms including abdominal pain, vomiting, and diarrhoea.
The plaintiffs alleged that the illness resulted from contaminated food served by the restaurant. Their case, argued by lawyer Elikem Adisenu-Doe of Afrimore Advisors, accused the fast-food company of negligence in food preparation and hygiene management.
After hearing the matter, Sedinam Kwadam of the Adenta Circuit Court delivered judgment on June 24, 2024, finding the restaurant liable for negligence and awarding damages exceeding GH¢345,000 to each of the three plaintiffs.
Appeal Court Review of Evidence
In reviewing the appeal filed by Marwako Fast Food Ltd., the Court of Appeal re-examined the evidence presented during the original trial.
The court concluded that there were discrepancies in the medical report submitted by the second and third plaintiffs, particularly concerning the dates indicated in the documents.
Because of these inconsistencies, the court ruled that the evidence linking their illness directly to the food purchased from the restaurant could not be considered sufficiently reliable.
As a result, the appellate court upheld Marwako’s appeal in relation to the second and third plaintiffs, effectively overturning that portion of the Circuit Court’s decision.
However, the court maintained that medical records submitted by Winifred Tse were credible and consistent, confirming that the food she purchased from the restaurant caused the food poisoning that led to her hospital admission.
Consequently, the court upheld the damages awarded to Winifred Tse, affirming the restaurant’s liability in her case.
Court Criticises Restaurant Hygiene
During the reading of the judgment, the Court of Appeal also expressed strong concern over the unsanitary cooking conditions identified at the restaurant.
The judges highlighted troubling issues uncovered during the trial, including inadequate temperatures in the restaurant’s deep freezer used for food preservation and the location of toilet facilities close to food preparation areas.
The court described these conditions as falling far below acceptable standards for a food service establishment.
FDA Criticised
The judgment did not only target the restaurant. The court also criticised the Food and Drugs Authority Ghana (FDA), accusing the regulatory body of failing to adequately monitor and enforce food safety standards within the country’s restaurant industry.
According to the court, stronger regulatory oversight is necessary to ensure that food businesses operate under hygienic conditions and that consumers are protected from preventable health risks.
