A Chitungwiza man is suing Delta Beverages for US$500 000 after discovering a c_ndom in a 750ml Castle larger beer he had been consuming at Zengeza 4 Shopping Centre.

The incident took place on 28 December 2020 after the man had bought 6 pints of 750ml Castle pints and only discovered the condom when he was about to consume the last pint.

In a letter of demand dated 10 February 2021 seen by Harare Live, his lawyer W Jiti filed for a US$500 000 lawsuit for the “post-traumatic disorder he suffered as a result of that unfortunate incident”.

“On the 28th December 2020 at Zengeza 4 Shopping Centre, Chitungwiza, he purchased six (6) Castle Larger 750ml and consumed them all, save for the one which had a condom inside.”

It is reported that the condom is still clearly visible from the outside and the bottle is still sealed.

The client had to seek medical attention after the incident that left him shocked.

“Our client had to seek medical tests to establish if he had not consumed any alcohol with lethal substances since a condom is a serious health hazard and if one can be found in a sealed bottle, what more of lethal liquids which may not be discovered with the human eye.” The letter reads.

Between exchanges of legal challenges, the plaintiff threatened to hold a press conference in a letter dated 15 February to expose the incident to which Delta Beverages in turn responded on the 23rd telling the lawyers of how unethical it is to give such advice to a client.

“You are a law firm… not a public relations or media firm. How you advise your client to hold a press conference, in any event, more so when his claim has not been proved and is subject to adjudication by the courts boggles the mind.

“One can only assume you wish your client to embarrass ours and compel performance by ours on this basis. This, however, is unlawful and cannon be a lawyer’s advice under any circumstances.” Delta Beverages lawyers said.

They also threatened that if such happens they would be compelled to claim damages and seek redress with the Law Society of Zimbabwe.

Click Below To Download The Letter Of Demand

Letter of demand – Damages Canisious Karumekayi

Delta Beverages have since offered the client to visit their plant and inspect the process of manufacturing and bottling of their products and appreciate if they may be such leakages.

They also invited the plaintiff to submit the sample of the contaminated beer for testing both inside and independently.

Overall, they maintain that the incident can be dealt with outside the courts and somehow they can reach a settlement.

“We maintain that this matter is one which can be resolved amicably, however, if your client does institute court proceedings against ours, we have instructions to receive the same on behalf of our client”

It is not clear how the matter was handled since it never reached public scrutiny.

A similar incident happened in 2013 when three Gweru men reportedly discovered a used condom floating in their scud.

Trynos Magaba, Ernest Hungwe and Ronald Takavarasha all of Mkoba Village 18 were enjoying their favourite opaque beer at Mkoba 18 Off Sale Bar on Tuesday afternoon when they allegedly discovered a used c_ndom in their scud.

“This is not the first time a used c_ndom or other foreign object has been found in a scud,” one of the three said.

Takavarasha is said to have lost his temper and confronted the barman after discovering the used c_ndom in their beer.

Magaba said the scud was half empty when they discovered the condom. Takavarasha was later reported at Nehanda police station where he was fined after admitting to assaulting the bar man.

Batanai Off Sale Bar Director, Manson Murisi confirmed the incident.-Chaosafrica.com

“We had an unfortunate incident when three of our clients bought a contaminated scud at our bar on Tuesday. The matter is however being handled by officials of the manufacturing company,” he said.


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