BORTETEY
V.
ACHINIVU AND OTHERS

(1960) JELR 65371 (HC)    
High Court  ·  31 Mar 1960 ·  Ghana
 · 
Other Citations
[1960] GLR 73
[1960] GLR 73 - 75
CORAM
MILLS-ODOI J.
Core Terms Beta
plaintiff
chattel
passage
collision
loss of profits
page
value
case
counsel
defendants
gibb
measure of damages
mesne profits
consequential loss
damage
loss of future profits
market value
market value of the chattel
owner
profit
total loss
vessel
benefit of the profitable engagement of his ship
case of the kate
case of the total loss
cases of the city of rome
charlesworth
date of the accident
following principle
general principle
judgment sir francis jeune
mills-odoi j.
motor car accident cases
natural consequence
owners of the norwegian barque chrysolite
previous page gibb states
question
question of statement of figures
registrar
respect of the loss of earnings
respect of the loss of future earnings
section
special damage
support of this submission
time of loss
time of the accident
total loss of a ship
total loss of the taxicab
value of the vessel

MILLS-ODOI J.: Counsel for plaintiff submits that, because there is a total loss of the taxicab, his client is entitled to recover from the defendants both its market value before the date of the accident, and also a further sum in respect of the loss of future earnings. In support of this submission he cited Gibb on Collision on Land (5th edition) page 213. The passage referred to by counsel for plaintiff at page 213 of Gibb does not support his contention that his client is entitled to recover in respect of the loss of earnings or mesne profits. According to that page,

“where there is a total loss of a ship there may be recovered, over and above her value at the time of loss, the profit lost under a charterparty then current, less the expenses probably to be incurred in earning that profit.”

This is to be understood to mean that in addition to the market value of the chattel at the time of the accident, the owner is entitled to recover any consequential loss suffered by him, that is t…

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