AGBO
V.
RAINBOW WINDSCREEN

(1995) JELR 69457 (CA)    
Court of Appeal  ·  20 Dec 1995 ·  Ghana
 · 
Other Citations
[1994 - 95] 2 GBR 859 – 875 C A
CORAM
ESSIEM JA, WOOD JA, ACQUAH JA
Core Terms Beta
defendant
plaintiff
trial judge
common carrier
statement of claim
tema harbour
appellate court
mr tsegah
plaintiff’s warehouse
security check point
evidence of a single witness
restrictive condition
trial
awkward position of the security checkpoint
cross-examination
majolagbe v larbi
amended statement of claim defendant
contract of carriage
said driver
statement of defence
additional grounds
awkward location of the security check point
ayiwah v badu
cause of action
claim of the plaintiff
defendant’s vehicle
delivery of a container of glassware
evidence of pw2 musa baba
evidence of the defendant
following grounds
following words
fundamental issue
harbour security checkpoint
instant action
interpretation of the case of majolagbe v larbi
judgment of an accra high court
mr amegatcher
mrs beatrice duncan
negligence of the defendant
particulars of negligence
plaintiff’s glassware
relevant authorities
said container
said paragraph
see chitty
strict liability of common carriers
such negligence
support of its claim
value of the goods
writ of summons

ACQUAH JA.

This is an appeal against the judgment of an Accra High Court dated 20 October 1992. I will refer to the parties in the manner they appeared at the court below. The plaintiff is manufacturer of windscreens and other related items, the defendant is a businessman who runs cargo transport to and from the Tema harbour and had on diverse occasions conveyed plaintiff’s glassware and other items in containers from the Tema harbour to the plaintiff’s warehouse at the South Industrial Area, Accra.

In March 1990, the plaintiff took delivery of a container of glassware at Tema Harbour. The plaintiff, as usual, called on the defendant to convey the consignment from the Harbour to its warehouse in Accra for a fee of ¢65,000. The defendant’s vehicle, which was to convey the consignment, was an Albion flat body articulator No GX 3396, then driven by one Narh Bruce who testified as DW1. The vehicle collected the container at Shed 11 and drove to the harbour security checkpoint near the exit …

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