PAULINA KOKKAN ANOTHER VS COCACOLA KWANZA LIMITED ANOTHER CIVIL CASE NO

PAULINA KOKKAN ANOTHER VS COCACOLA KWANZA LIMITED ANOTHER CIVIL CASE NO

The plaintiffs failed to prove, on a balance of probabilities, that the defendant manufactured or supplied the alleged defective drink, or that the harm suffered was caused by the defendant's product. The chain of custody was broken, no scientific examination linked the product to the defendant, and special damages...

Source-derived case information.

Citation
PAULINA KOKKAN ANOTHER VS COCACOLA KWANZA LIMITED ANOTHER CIVIL CASE NO
Parties
1st Plaintiff: Paulina Kokkan; 2nd Plaintiff: Pamela Kokkan; Defendant: Coca-Cola Kwanza Limited; Third Party: The Heritage Insurance Company Tanzania Limited
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Civil Case / Judgment
Outcome
Suit dismissed
Legal Topics
Negligence, Product Liability, Duty of Care, Special Damages
Source Language
english
Tort Law Consumer Protection Negligence Product Liability Duty of Care Special Damages

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Summary, issues, holding and outcome

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Parties

Paulina Kokkan

1st Plaintiff

Pamela Kokkan

2nd Plaintiff

Coca-Cola Kwanza Limited

Defendant

The Heritage Insurance Company Tanzania Limited

Third Party

Procedural Posture

Civil Case / Judgment

Legal Issues

  1. 1 Whether the soft drink (Fanta) alleged to have been consumed by the plaintiffs was a product manufactured, bottled, and supplied by the defendant
  2. 2 Whether the harm alleged to have been suffered by the plaintiff was caused by consumption of the said Fanta
  3. 3 Whether the defendant negligently breached a legal duty of care

Ratio Decidendi

The plaintiffs failed to prove, on a balance of probabilities, that the defendant manufactured or supplied the alleged defective drink, or that the harm suffered was caused by the defendant's product. The chain of custody was broken, no scientific examination linked the product to the defendant, and special damages were not substantiated.

Court Disposition

Suit dismissed

Orders

  • No order as to costs
  • A bottle of soda (exhibit P2) to be returned to the plaintiffs