Judge recuses himself from shopper’s injuries suit against Shoprite

A judge has disqualified himself from hearing a suit filed by a shopper who is demanding millions from South African retail store, Shoprite after a pile of plastic lids fell on him causing him soft tissue injury.

Justice Anthony Mrima recused himself from the case filed by Patrick Maina and Ann Malinda, saying he will not allow the application for recusal ‘to continue eating into the limited Court’s time’.

Mr Maina and Ms Malinda had sued the supermarket seeking compensation saying that a stack of plastic lids fell on them, while shopping at the branch’s Garden City Mall.

Mr Maina had initially asked the court to direct the owners to deposit between Sh200 million and Sh300 million in an interest earning account, before it is allowed to exit the Kenyan market. The money, he argued would act as security in case his petition is successful.

The judge, however allowed the supermarket to exit after depositing Sh3 million in court for security. “I have carefully considered this matter as a whole. As said, and from the nature of the applications and various complaints raised herein, it is clear that the Petitioners are aggrieved by the Ruling,” the judge said.

Justice Mrima asked the parties to put-aside any unnecessary applications and consider dealing with the main petition.

“However, given the fact that the Petitioners are appearing in person, considering that there are three Judges in the Division and the obvious fact that the Petitioners are likely not to understand the ‘insistence’ of this Court to deal with the matter further, I hereby opt to accord the Petitioners the opportunity to test the law before another Judge. I will, henceforth, recuse myself,” the judge said.

The South African retail store successfully pleaded with the court to lift an order halting its planned exit from Kenya because of the petition. The retail chain said the continued existence of the order was causing it massive financial losses and likely to expose it to law suits.

Mr Anton Wagenaar, a director supermarket said in the court documents they were willing to deposit Sh3 million in a joint income earning account, to act as security.

Wagenaar said Mr Maina refused to quantify his “soft tissue injury claim” or present medical report but demanded a settlement of over Sh190 million on alleged loss of earnings.

The father of two who was shopping with his family says he suffered several injuries, swollen lips, lacerations on the lips and bleeding inside the mouth.