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SOLDIER SUES BUY N SAVE E300 000 FOR ROTTEN CAKE

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MBABANE - What was meant to be her birthday turned to be a bad day for a pupil of Premier Independent School in Mbabane.
This was after it was discovered that her birthday cake was allegedly rotten.


The cake had been delivered by her father at the school for the teenager to celebrate her big day with the other learners and teachers. 
The party had to be called off after it was discovered that the cake was allegedly spoilt and not fit for human consumption.  The cake was valued at E243.99.


The father of the child, Christopher Dlamini, is now suing Logoba Buy N Save Spar for E300 000. He alleged that he purchased the cake from the supermarket.


Dlamini, who is a soldier based at the Army Headquarters in Nokwane, has since instituted legal proceedings at the High Court against the supermarket where he is demanding the aforementioned amount.


In his particulars of claim, Dlamini stated that on March 20, 2019, in the morning, he bought a cake and other necessities at Logoba Buy N Save Spar in honour of a birthday for his daughter.


“The birthday party was held at my daughter’s school being Premier Independent School in Mbabane. I bought the birthday cake and other necessities from the store and sent same to the child’s teacher, Carol,” submitted the plaintiff (Dlamini).
He alleged that on the very same day at around 11:31am, he received a call from the child’s teacher informing him that the cake he had bought was allegedly spoilt, rotten and not fit for human consumption.


Dlamini averred that he was emotionally shocked and stressed after hearing that the cake was rotten and he did not believe it until he got to the school.
According to Dlamini, the teacher further advised him to come and collect the cake for exchange to enable the progression of the birthday party celebrations on the day.


He claimed that he went to collect the rotten cake at the school for exchange at Logoba Buy N Save Spar but the management of the store allegedly refused his claim for compensation.


These are allegations contained in particulars of claim whose veracity is still to be tested in court and the defendant (Logoba Buy N Save Spar) is yet to file its papers in the event it is disputing the claim against it.

 

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