Atimpoku Shell Fuel Station Case: Retailer Admits Selling Water-Contaminated Petrol in Court Cross-Examination

A retailer at the Atimpoku Shell Fuel Station, John Delase-Michael, has admitted under cross-examination that the petrol sold to plaintiff Edmund Barwuah was mixed with water — a revelation that came during the ongoing High Court trial in Accra where Barwuah is suing Vivo Energy Ghana (operators of Shell) for alleged fuel contamination.

The incident occurred on August 28, 2022, when multiple customers — including Barwuah — purchased fuel later found to contain water, leading to vehicle damage and the temporary closure of the station by the National Petroleum Authority (NPA).

Plaintiff’s Claims

Edmund Barwuah, through his lawyers led by Dela Blagogee, alleges Vivo Energy breached its duty of care by selling substandard fuel. He claims the contaminated petrol damaged his 2017 Ford Explorer, causing him to miss a business meeting worth GH¢2.5 million. He is seeking:

• Special damages of GH¢2.5 million
• Replacement of his vehicle with a similar model
• GH¢600 per day for loss of use from August 28, 2022, until replacement

Barwuah argues the contamination resulted from “selfish and unholy financial gain” and that Vivo owed a duty to ensure fuel met required standards.

Defence Witness Testimony & Admissions

First defence witness John Delase-Michael, a retailer at the station, initially stated in his witness statement that the fuel sold had been “infiltrated with water unknown to the company.”

Under intense cross-examination by plaintiff’s counsel:

• He confirmed the petrol dispensed to Barwuah was mixed with water.
• When asked why he initially resisted dispensing fuel into a container for verification, he explained company policy prohibited it due to fire and accident risks.
• He admitted only complying “under immense pressure” from customers.
• When questioned whether his hesitation indicated prior knowledge of contamination, he denied it, insisting: “This was the first time something of that sort had happened at our workplace.”
• He acknowledged no official record exists of customers exerting pressure or refusing to cooperate initially, but maintained the situation escalated due to customer frustration.

Counsel suggested the testimony revealed recklessness and disregard for safety protocols. The witness countered that the incident was unprecedented and that he acted to prevent commotion.

Company’s Earlier Position

Vivo Energy previously explained that water leaked into the underground storage tank due to heavy rainfall, leading to the contamination. The company issued an apology at the time and cooperated with NPA’s closure and investigation.

Trial Progress

The case, presided over by Justice Isaac Addo at the High Court in Accra, continues with Vivo Energy defending against claims of negligence. The retailer’s admission that contaminated fuel was sold is seen as significant, though the defence maintains it was an isolated incident caused by weather, not systemic failure or deliberate misconduct.

The trial has drawn attention due to broader public concerns about fuel quality, underground tank integrity during heavy rains, and consumer protection in the downstream petroleum sector.

Further witnesses and evidence are expected in subsequent hearings, with judgment likely to hinge on whether Vivo Energy exercised reasonable care in storage, monitoring, and quality assurance. Updates will follow as proceedings continue.