MAERSK GHANA LIMITED
V.
B. T. L. LIMTED

(2021) JELR 109028 (SC)    
Supreme Court  ·  J4/33/2019 ·  29 Apr 2021 ·  Ghana
CORAM
YEBOAH CJ (PRESIDING), MARFUL-SAU JSC, AMEGATCHER JSC, OWUSU (MS.) JSC, AMADU JSC
Core Terms Beta
goods
court
nominal damages
court of appeal
damage
special damages
bill of lading
general damages
boxes of fresh yams
breach of contract
substantial damages
sale of goods act
quantum of damages
award of nominal damages
bills of lading act
named consignee
preliminary legal objection
sum of us
40-footer containers
award of special damages
case law
case of a dispute
commercial bank
companies act
conditions of the contract of carriage
contractual obligations
demand notices
following reliefs
formal claim
great monetary loss
judgment of the court of appeal
likelihood of the common law doctrine of privity
limited liability company
nominal general damages of ghc20,000.00
notice of appeal-capacity of a consignor
presence of all interested parties
prima facie evidence
recent decision
resultant damage
said sum
shipping contract
specific damages

JUDGMENT 


AMEGATCHER JSC:- 

1. This is a maritime dispute which has travelled from the High Court through the  Court of Appeal and now before the Supreme Court. In this court, the maritime  aspect has, to a considerable extent, been reduced into a procedural matter of  capacity to sue and the quantum of damages awarded for damage to perishable  cargo. 

2. The Plaintiff/Respondent/Respondent (hereafter referred to as the Respondent)  instituted this matter against the Defendant/Appellant/Appellant (hereafter  referred to as the appellant) on 28th June 2010, seeking the following reliefs  endorsed on the Writ of Summons and Statement of Claim: 

a. Specific damages in the sum of Forty – Six Thousand Three Hundred and  Fifty dollars ($46,350.00) to be paid by Defendant to Plaintiff being the  cost of 1,030 boxes of fresh yams, the freight, clearing and handling  charges in the USA. 

b. Interest on the said sum of Forty-Six Thousand Three Hundred and Fifty  dollars ($46,350.00) at the commercia…

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