ERIC MENSAH
V.
CEIBA INTERNATIONAL

(2016) JELR 107710 (HC)    
High Court  ·  SUIT NO. BC 711/2015 ·  16 Mar 2016 ·  Ghana
CORAM
H/L NOVISI A. ARYENE (MRS.)
Core Terms Beta
plaintiff
defendant
evidence
items
equatorial guinea
letter
statement of claim
7th may
breach of duty
facts
general damages
listed items
requisite degree of care
special damages
17th april
assessment of damages
brown suitcase
central region
civil trial
contracted period
date of final payment
favor of plaintiff
following exhibits
lead evidence
legal means
letter of complaint
l novisi a. aryene
loss of plaintiff
lost suitcase
negligence of defendant
negligence of the defendant
non-delivery of plaintiff
personal effects
plaintiff’s case
presumption of negligence
recovery of the total of ghc14,631.05
similar incident
subject matter
sufficient evidence
total value of the items
unexplained loss of the luggage

JUDGMENT 

The facts as can be gleaned from the Statement of Claim are that: On the 8th of February  2015, Plaintiff who is resident in Equatorial Guinea traveled to Ghana by the Defendant’s Airline  flight number C2/Y3FWAS to attend his mother’s funeral. His brown suitcase weighing 25 kilos, containing items for the funeral, personal effects, presents for family and friends and documents  were not found on arrival.  

Plaintiff was asked by the Defendant to fill a complaint form. He also filed a property  irregularity report and was asked to check with the Defendant on Sundays. It is Plaintiff’s case  that he lives in Swedru in the Central Region but made several weekly trips to the Airport to  check on his lost baggage to no avail. 

Plaintiff contended that he wrote a letter dated 17th of April 2015 to Defendant listing the  items in the lost suitcase. In their response dated 7th May, Defendant assured Plaintiff that they  were doing everything possible to trace the lost baggage.  

Pl…

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