KENYA BREWERIES LTD V. GODFREY ODOYO

 JUDGMENT OF ONYANGO OTIENO, J.A.

This is a second appeal.

In a plaint filed on 29^th January 2001in the Chief Magistrate’s Court at Milimani, and amended on 25^th May 2001, the respondent Godfrey Odoyo sued and sought judgment against the appellant Kenya Breweries Limited for general damages; special damages of Ksh.21,990/=, interest on both damages at such rate and for such period as the court would think just. These were sought on grounds that the respondent, being a beer manufacturer which manufactures among other brands of beer, Tusker Malt Larger, (300 ml) did manufacture and put on sale on 23^rd June 2000, three Tusker Malt Lager bottles which the respondent bought and partly consumed but which were not fit for human consumption as they did not comply with the specification on foreign matter and clarity and consequently, the respondent suffered severe injuries and special loss and that he had to go for treatment as a result of the injuries. The respondent, in an amended statement of…