BOATENG ASANTE
V.
SCANSHIP GHANA LTD.

(2011) JELR 69644 (CA)    
Court of Appeal  ·  SUIT NO.: H1/16/2011 ·  1 Dec 2011 ·  Ghana
CORAM
G. M. QUAYE JA (PRESIDING), YAW APPAU JA, DENNIS D. ADJEI JA
Core Terms Beta
defendant
plaintiff
arrival notice
bill of lading
harbour authority
cargo manifest
ghana port
trial judge
learned trial judge
state warehouse
plaintiff’s name
conduct of the defendant
custom excise
defendant’s principals
high court
judgment of the high court
physical possession of the container
wrong postal address
agent of otb overseas transport
alleged tort of negligence of the carrier
back of the bill of lading
bills of lading
brief facts of the case
case of adwubeng vs. domfeh
case of edward nasser
case of lochely iron
circumstances of the case
clear case of liability
cross-examination
defendant’s principal
dennis d. adjei ja
evidence act nrcd
following headings
following questions
grounds of appeal
legal position of the contention
material times
physical control of a container
postal address
postal addresses of the persons
principal of defendant
proper resolution of issue
purposes of this appeal
release acceptance
respect of a transaction
tema harbor
vicarious liability
weight of evidence
wrong name

DENNIS D. ADJEI JA

This is an appeal against the judgment of the High Court, Accra (Financial

Division) dated 29th January, 2010. For the purposes of this appeal the Plaintiff/Respondent would be referred to as the Plaintiff and the Defendant/Appellant as the Defendant.

The Plaintiff per his writ of summons filed on 31st May 1996 claimed against the Defendant for:

a) Damages for breach of contract and

b) And/or in the alternative damages for negligence.

The brief facts of the case are that, the Plaintiff, an architect who is a Ghanaian lived in Germany for twenty-eight (28) years. He finally, decided to settle in Ghana in 1990. He instructed his wife in Germany to ship all his personal belongings to him in Ghana. The shipper shipped the goods consigned to the Plaintiff through OTB Overseas Transport. The Defendant herein was an agent of OTB Overseas Transport. The Plaintiff after waiting for about two (2) years without hearing about the goods instructed his lawyers to inquire about the wher…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login