ASHITEY
V.
GHANA INDUSTRIAL HOLDING CORPORATION

(1989) JELR 65379 (HC)    
High Court  ·  21 Dec 1989 ·  Ghana
 · 
Other Citations
[1989-90] 1 GLR 474
CORAM
LUTTERODT J.
Core Terms Beta
plaintiff
defendants
evidence
case
contract
days
negligence of the defendants
next question
reasonable steps
application of the doctrine of res ipsa loquitur
bull wharf ltd. case
case of brooks wharf
clear case of the exclusion of the defendants
common law liability
contract of the class of bailments
defendants’ vehement denial
duty of care
duty of the bailee
essential features
evidence of the first defendant witness
exempting words
first defendant witness
fishing vessel
goodman bros.
important issue
j.p. ashton
keeping of the goods
local languages
loss of use of the plaintiff
lutterodt j.
ordinary course of things
parts work
photograph of a notice
piece of evidence
plaintiff’s boat
position of the law
possession of the plaintiff
principle of law
propeller blade
reasonable care of the chattel
reasonable man
respect of his own goods
return of the propeller shaft
safety precautions
said notice
strict security measures
such agreement
such circumstances
such classic example
virtue of an exemption clause

LUTTERODT J.: The facts which gave rise to this action are that on or about 14 October 1970, the defendants took possession of the plaintiff’s boat numbered T.M. 70 into their workshop for repairs. It was said to be subject to the usual terms and conditions. The defendants kept the propeller blade in their store while they awaited the return of the propeller shaft which had been removed and given to the plaintiff to be taken elsewhere for repairs. These two parts work together and one cannot be fitted without the other. When the plaintiff returned the shaft to the defendants, however, this complementary part, the blade, was nowhere to be found. It was not until some five weeks later that the defendants got another blade to replace the stolen part. Thereafter the plaintiff caused his solicitors to issue this writ claiming the following reliefs: the sum of ¢26,400 being loss of use of the plaintiff’s fishing vessel by name Ashie Odame which was occasioned by the negligence of the defend…

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