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SCANSHIP GHANA LTD
V.
EFFASCO LTD

(1999) JELR 69482 (CA)

Court of Appeal 28 Jan 1999 Ghana
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- The plaintiffs took action against the defendants for the non-delivery of cargo and claimed damages for negligence or breach of contract. - The plaintiffs contracted with the owners of a vessel to ship their goods from England to Ghana. -

Case Details

Judges:SAPONG JA, ESSILFIE-BONDZIE JA, BADDOO JA
Counsel:S AMARTEIFIO (WITH HIM MRS EWOOL) FOR THE APPELLANT; K PAINTSIL (WITH HIM KOFI ACKAH) FOR THE RESPONDENT.
Other Citations:[1999-2000] 1 GLR 448

SAPONG JA.: At the court below the plaintiff-respondents (hereinafter referred to as the respondents) took action against the defendant-appellants (hereinafter referred to as the appellants) for:

“(1) The sum Of fifty-seven thousand five hundred and seven pounds sterling (£57,507) being the C and F value of cargo shipped and consigned to the plaintiffs on vessel MN Rep Di Genova voyage 6355 from Tilbury, England on 14 April 1992 per bill of lading No TC 5011 dated 14 April 1992 which the defendants as carrier’s agents failed to deliver to the plaintiffs when the vessel arrived on 12 May 1992.

(2) Damages of two hundred thousand pounds (£200,000) for negligence or fundamental breach of contract of carriage or both on the part of the carrier and its accredited agents, Sequana Maritime Ltd, who acted as shippers and freight forwarders and on behalf of the carrier.

(3) Loss of use of two road rollers from 22 May 1992 till the date of judgment at the rate of 4120,000 per day.”

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