Court of Appeal slams Marwako over unsanitary kitchen, upholds food poisoning verdict

The Court of Appeal has dealt a significant blow to fast-food giant Marwako Fast Food Ltd., upholding a negligence ruling in favor of a customer who suffered severe food poisoning. In a judgment delivered on March 12, 2026, the court not only affirmed the liability of the restaurant but also issued a stinging rebuke regarding its unsanitary operating conditions.

The three-member panel, comprising Justice Emmanuel Senyo Amedahe and Justice Afia Serwah Asare-Botwe, who provided a concurring opinion, partially overturned and partially upheld a previous Circuit Court ruling. While the court dismissed the claims of two plaintiffs due to discrepancies in their medical reports, it firmly upheld the case of the first plaintiff, Winifred Tse.

The court found that medical evidence conclusively proved that Ms. Tse’s hospitalization for acute abdominal pain, vomiting, and diarrhea was a direct result of consuming contaminated food purchased from Marwako’s East Legon branch on May 8, 2022.

“Deep Displeasure” Over Kitchen Conditions

Beyond the legal findings, the judgment contained a powerful condemnation of the restaurant’s hygiene practices. The Court of Appeal conveyed its “palpable displeasure” at the evidence presented regarding the state of Marwako’s kitchen.

Justices took issue with the “low standard temperatures” of the deep freezers used for food preservation and the proximity of toilet facilities to food preparation areas. In a rare move, the court used its ruling to chastise the Food and Drugs Authority (FDA), calling on the regulatory body to be more vigilant in its oversight of food businesses in Ghana to prevent such incidents.

The Journey to Judgment

The case originated at the Adenta Circuit Court, where on June 24, 2024, Her Honour Sedinam Kwadam ruled in favor of three plaintiffs who had purchased six packs of food from the East Legon branch. The court found Marwako negligent and awarded damages exceeding GH¢345,000 to each of the three victims. The plaintiffs were represented by lawyer Elikem Adisenu-Doe of Afrimore Advisors.

Marwako appealed that decision. In its ruling this week, the Court of Appeal found that while the evidence for the second and third plaintiffs contained a date discrepancy that rendered their claims unreliable, the first plaintiff’s evidence was solid. Consequently, the appeal was dismissed regarding Ms. Tse, solidifying her right to damages.

The judgment serves as a stark warning to the food service industry about the legal and reputational consequences of neglecting food safety protocols.