Customer Support

EMMANUEL ROCKSON
V.
ILIOS SHIPPING COMPANY S.A. AND WILTEX LTD.

(2010) JELR 68493 (SC)

Supreme Court 10 Feb 2010 Ghana
BriefBot icon

BriefBot Summary

Free

- The plaintiff, a mariner, filed a writ at the High Court, Sekondi, on July 4, 2003, claiming that the Cyprus affiliate F T PAW should settle his claim per the Collective Insurance Policy of International Transport Workers Federation (I.T.

Case Details

Suit Number:CIVIL APPEAL NO. J4/13/2007
Judges:AKUFFO JSC (PRESIDING), DR. DATE-BAH JSC, ANSAH JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC
Counsel:EBOW QUASHIE ESQ. FOR THE PLAINTIFF/RESPONDENT/APPELLANT; JOHN MERCER ESQ. FOR THE DEFENDANTS/APPELLANTS/RESPONDENTS.

JUDGMENT

DR. DATE-BAH, JSC

On the 4th of July 2003, the plaintiff mariner filed a writ at the High Court, Sekondi, endorsed with the following claim:

“i) Order that the Cyprus affiliate F T PAW, settles the Plaintiff’s claim per the Collective Insurance Policy of International Transport Workers Federation (I.T.W.F.)
ii) 35% Interest on the sum payable from 1st November 2001 to date of payment.”

This Writ was accompanied by a Statement of Claim containing the facts set out below. Since the defendants have not filed a defence, but have rather contested the plaintiff’s claim as a matter of law, this case has come to us on the basis only of the plaintiff’s averments. The facts tell a sad story, but the sadness of the story cannot legitimately be allowed to affect the correct legal analysis of the case before us.

The plaintiff mariner worked aboard the M/V Dynamic, a Greek registered vessel owned by the first defendant and sailing under a Cyprus flag. The second defendant is the correspondent ag…

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 77,000 cases, recent judgments, statutes, and rules of court.