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INUSAH
V.
D.H.L. WORLDWIDE EXPRESS

(1991) JELR 65692 (HC)

High Court 12 Jun 1991 Ghana
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- The court held that the carrier’s liability was contractually limited to US$100 by the express disclaimer clause, which the plaintiff, a literate party, read and signed; thus, recovery for loss of traveller’s cheques was confined to that

Case Details

Judges:PIESARE AG. J.
Counsel:K. ANSAH-ASARE (FOR G.W. MENSAH FOR NII ODOI ANNAN) FOR THE PLAINTIFF; SHEILA GYIMAH (FOR ADDISON) FOR THE DEFENDANTS.
Other Citations:[1992] 1 GLR 267

PIESARE AG. J.: The claim against the defendants was for:

(1). “The refund of the sum of US$4,111 being the balance of the value of American Express traveller’s cheques which the defendants received as carriers from Accra to London and there, to deliver to the plaintiff’s bankers, and which the defendants failed to deliver to the plaintiff ‘s bankers.

(2). Damages for non-delivery of the traveller’s cheques to the plaintiff ‘s bankers, for breach of contract and for failure to deliver.

(3). Interest on the said amount at the current bank rate or at 30 per cent from 27 September 1985 to the date of judgment.”

On 24 May 1991 the court entered judgment for the plaintiff against the defendants as follows:

(1) That the plaintiff was not entitled to a refund of US$4,111 and damages for non-delivery, but to US$ 100 with interest at the current bank rate from the date of the writ, i.e. 23 January 1988 to the date of judgment, i.e. 24 May 1991.

(2) Costs of ¢50,000 against the defendants in favour…

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