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THOMAS YANKSON
V.
MEARSK LINE GHANA LTD

JELR 91913 (CA)

Court of Appeal Ghana
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- The Court of Appeal allowed the appeal, finding that the High Court’s award of GH¢200,000.00 as general damages for breach of contract was excessive and constituted a windfall, contrary to the compensatory purpose of damages. - Damages in

Case Details

Suit Number:HI/117/2010
Judges:JUSTICE MRS HENRIETTA ABBAN JA [PRESIDING], JUSTICE R K APALOO JA, JUSTICE DENNIS D ADJEI JA

JUGEMENT

DENNIS D ADJEI JA

This is an appeal against the judgment of the High Court Sekondi dated 24th March 2009.  Dissatisfied with the said judgment of the High Court the Appellant filed the instant appeal to the Court of Appeal.   The grounds of appeal are;

  1.  The judgment is against the weight of evidence.
  2. The learned trial judge erred in awarding damages over and above what the Plaintiff was claiming.
  3. The learned trial judge having made a finding of fact that the plaintiff had not proved special damages erred in awarding general damages which subsumed the special damages.
  4. The learned trial judge erred in awarding excessive damages.
  5. The learned judge did not exercise his discretion to award general damages judicially.
  6. The costs awarded were excessive.

The Appellant by its written submission of case filed on 23rd March 2010 stated that the appeal is in a very small compass and was limited to quantum of damages awarded and was abandoning grounds a, b, e and f of the appeal.  Presently there a…

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