Parent drags Gracefield School to court for feeding kid allergic to banku and okro; demands GH¢150,000 compensation

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Accra’s Gracefield School Limited has been sued for carelessness.

On June 24, 2021, the School allegedly served a 5-year-old Banku (a local food) he was allergic to.

The plaintiff, represented by Charles Kofi Kwadam, is asking GHC150,000 for the Minor’s shock, illness, and inconvenience.

The plaintiff is also suing the School for placing the Minor’s life at danger despite knowing about his health condition (Corn or maize allergies).

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The plaintiff also seeks GHC 1,634 in special damages for the minor’s medical care.

The court heard that the Minor started school on May 4, 2021.

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In a claim, the Minor’s mother alleged he told the School about his allergies.

On the admission form, the mother reported the child had allergic rhinitis, corn, and peanut allergies.

 

“Before June 24, 2021, the defendant school gave the plaintiff other food when Banku was offered for lunch.

“Instead of offering the plaintiff an alternate food for lunch on June 24, 2021, the defendant offered him banku,” the statement of claim claimed.

The court heard that because the Minor was hungry by noon, he ate roughly six morsels of banku before the lunchtime attendant changed it to spaghetti.

After school, the minor fell asleep and woke up at 7 pm vomiting severely.

“Plaintiff vomited 7 times between 7pm and 11pm,” the claim read.

The court heard he spent days in two hospitals.

The vomiting reportedly left him weak and dehydrated.

Emotionally and mentally, he suffered.

The school’s administrator and teacher were told about his suffering and agreed “not to repeat that error.”

The Plaintiff claimed the School did nothing to minimize the harm it caused him or compensate him for physical pain, anguish, and grief.

In its defense, the School refuted some plaintiff claims.

The defendant asserted that since the plaintiff’s admission to the School, its personnel have followed her (plaintiff’s) mother’s directions and have never failed to comply with “his allergies.”

“…On the day in question, none of our officers gave the plaintiff banku instead of a non-allergic dish.”

 

The defendant argued the plaintiff took snacks to school on June 24, 2021, and ate them before lunch at 11:00 am, so he couldn’t have been hungry at lunchtime.

The School said the Minor ate spaghetti in sauce for lunch.

The defendant asserted the minor ate her home-brought snacks after lunch and showed no signs of sickness, weakness, or adverse reaction at school.

The School argued that any substance in the Minor’s vomit could have been chewed material and that it did not “provide or provide banku” to the Minor.

According to the defendant, the Minor’s family made false and unfounded allegations against the School, which was unreasonable. The defendant denied all of the Minor’s claims, maintaining that he had none.

The case has been delayed until July 15, 2022.

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