By Ashiadey Dotse
A retailer at the Atimpoku Shell Filling Station, operated by Vivo Energy, has told the High Court in Accra that petrol sold to a customer in August 2022 was mixed with water.
The admission was made during cross-examination of the company’s first defence witness, John Delase-Michael, in a case filed by businessman Edmund Barwuah.
“After I had dispensed the fuel into the container, it happened that it was mixed with some water,” the witness told the court.
The case is linked to the sale of contaminated petrol at the Atimpoku Shell station near the Adomi Bridge.
During cross-examination, the lawyer for the plaintiff suggested that the witness initially refused to pour fuel into a container because he knew the fuel was contaminated and did not want the problem to be exposed.
However, the witness denied the claim, explaining that he was reluctant because station policy does not allow fuel to be dispensed into containers due to fire risks and safety concerns.
“I initially did not agree because the filling station did not approve of us doing that, as it could cause fire outbreaks and other accidents,” he said.
He added that he later agreed because customers were putting pressure on him, and refusing could have created suspicion.
“At that time, I had no choice because if I had refused, it would have looked as if I was hiding something from the public,” he told the court.
Plaintiff’s claims
The plaintiff said that on August 28, 2022, he bought petrol from the Atimpoku Shell station and drove off in his 2017 Ford Explorer. About one kilometre from the station, the vehicle began to shake violently before the engine suddenly stopped in the middle of the road.
He said the incident exposed him and his passenger to danger and shock. He also claimed that the contaminated fuel damaged his vehicle and caused him to lose a business opportunity worth GH¢2.5 million.
After the incident, the National Petroleum Authority shut down the station. Vivo Energy later explained publicly that heavy rainfall had caused water to leak into the station’s underground storage tank and apologised for the incident.
In his suit, the plaintiff argues that Vivo Energy had a duty to ensure that fuel sold at its stations met the required standards. He claims the company failed in that duty and put profit before public safety.
He is seeking GH¢2.5 million in special damages for the alleged lost business opportunity, replacement of his vehicle with one of similar specification, GH¢600 per day for loss of use of the car from August 28, 2022, and other damages.
Defence position
The defence maintains that this was the first such incident since the station was established. The witness said he had no prior knowledge that the fuel in the underground tank was contaminated.
According to him, the problem was caused by unusually heavy rainfall that allowed water to enter the storage tank.
He told the court that after the incident, operations at the station were stopped and about 4,000 litres of fuel were removed from the tanks. The station later resumed operations in February 2023.
Vivo Energy has rejected claims that it acted recklessly or knowingly continued selling contaminated fuel.
