MAERSK GHANA LIMITED
V.
JEMT COMPANY LIMITED

(2012) JELR 65414 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO. H1/96/2011 ·  24 May 2012 ·  Ghana
CORAM
MARIAMA OWUSU J.A. (PRESIDING), IRENE C. DANQUAH J.A., SENYO DZAMEFE J.A.
Core Terms Beta
defendant
counsel
plaintiff
evidence
exhibit b
respondent’s goods
respondent’s cargo
burden of proof
material witness
cross-examination
disappearance of the respondent
grounds of appeal
state warehouse
weight of evidence
appellant’s intention
case of the plaintiff
decision of the high court
instance of the defendant
respondent of its intention
respondent’s representative
20-footer reefer container
appellant’s witness mr. chris azanku
brief background of this case
burden of proof call
control of the appellant
date of final payment
defendant company
destruction of plaintiff
due diligence
exhibits e
favour of the defendant
following cases
following issues
great respect
learned trial judge
movement of the said container
officials of other regulatory bodies
paragraph statement of claim
plaintiff company
plaintiff’s writ
port of poti
release of its cargo
respective case of the appellant
said amount
said decision
strict proof of the averments
value of plaintiff
witness box

JUDGMENT

MARIAMA OWUSU, J.A.:

This is an appeal against the decision of the High Court, Tema dated 25-2-2010. In the said decision, the court entered judgment for the plaintiff against defendant in the sum of GH¢486,000 (486 million old cedis) plus interest at the prevailing bank rate to be calculated from 17th of March, 2004 (the date the plaintiff made a demand for the release of its cargo but could not have it) to date of judgment. Cost of GH¢5,000 to the plaintiff.

Dissatisfied with the decision of the High Court, the defendant appealed to this court.

The grounds of appeal are:

a. The judgment is against the evidence.

b. The learned trial Judge, with great respect, erred when she held that the respondent’s goods were in the custody and control of the appellant.

c. The learned Judge erred when she made a finding that the appellant’s intention to misappropriate the respondent’s cargo can be reasonably inferred from its act of notifying the respondent of its intention of having the cargo au…

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