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…

ASHITEY V. GHANA INDUSTRIAL HOLDING CORPORATION

ASHITEY
V.
GHANA INDUSTRIAL HOLDING CORPORATION