Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ALSAJ ABDUL KADEL& 2 ORS
V.
B. B. C INDUSTRIES COMPANY (GH) LTD. AND GHANA NATIONAL FIRE SERVICE

(2021) JELR 109018 (SC)    
Supreme Court  ·  J4/10/2020 ·  29 Apr 2021 ·  Ghana
CORAM
YEBOAH CJ (PRESIDING), PWAMANG JSC, AMEGATCHER JSC, OWUSU (MS.) JSC, HONYENUGA JSC

Ratio Decidendi

Core Terms Beta
appellants
respondent
report
court of appeal
exhibit e
fire outbreak
trial judge
fire report
high court
defendant
burden of proof
supreme court
1st appellant
counter claim
evidence of dw5
public policy
cause of the fire
electrical fault
statements of the respondent
sufficient evidence
totality of the evidence
appellants’ vehicles
brief background of the case
close of the trial
cross examination
decision of the court of appeal
following grounds
grounds of negligence
judgment of the high court tema
legal fees
negligence of the defendant
negligence of the defendant company
payment of an amount
plaintiffs’ appeal
premises of the defendant company
said reports
scientific evidence
sufficient evidence of negligence
use of the vehicles
warehouse of the respondent
weight of the evidence
workers of the respondents

JUDGMENT 

OWUSU (MS.) JSC

On 30th May, 2019, the Court of Appeal, Accra, dismissed plaintiffs’ appeal and affirmed  the judgment of the High Court Tema dated 29th September, 2017. 

Dissatisfied with the decision of the Court of Appeal, the plaintiffs have appealed to the  Supreme Court. 

The relief sought from the Supreme Court is to set aside and or reverse the Judgment of  the Court of Appeal. 

Before dealing with the arguments canvassed in support and against this appeal,  we will give a brief background of the case. 

By its amended writ of summons, the plaintiffs claim against the defendant, the  following reliefs;

a. The payment of an amount of Two Hundred and Forty- Four Thousand and Six  Hundred Ghana Cedis (Ghc244,600) being the total cost of the four vehicles of the  plaintiffs destroyed in the Fire Outbreak at the premises of the defendant company which  was due to the negligence of the defendant. 
b. Interest on the said amount at the prevailing commercial bank rate from the day…
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