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VANDERPUYE
V.
PIONEER SHOE FACTORY LTD.

(1980) JELR 64171 (CA)

Court of Appeal 28 Jul 1980 Ghana
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- Appeal dismissed; landlord failed to prove negligence, nuisance, or liability under Rylands v. Fletcher against tenant for fire damage where cause was accidental and tenant’s use of warehouse was not “non-natural.” - The doctrine of res i

Case Details

Judges:ARCHER JA,ANIN JA,CHARLES CRABBE J.A.
Counsel:ADUMUA-BOSSMAN FOR THE APPELLANT; TSATSU TSIKATA FOR THE RESPONDENTS.
Other Citations:[1980] GLR 181

ARCHER J.A.

In 1967, the appellant’s agent let a warehouse in a complex of buildings, known as Derby Works, in Accra, to the respondents, manufacturers of shoes and footwear, under an oral agreement at a monthly rent of ¢200. The warehouse was used by the respondents mainly for the storage of manufactured footwear and raw materials like leather, rubber soles and rubber sheets.

On 29 November 1972, at about 6 p.m. fire was detected in the warehouse by residents in the complex and the Fire Brigade was called in. Notwithstanding the efforts of the fire-fighting team, the warehouse together with an annex used as offices (but not let to the respondents) was completely burnt down. The respondents lost all the goods stored in the warehouse. The sparks from the fire damaged property in an adjoining house.

The appellant, as the landlord, then issued a writ of summons at the High Court, Accra, and claimed damages from the respondents for damages caused by the fire to the warehouse and the annex wi…

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