XL INSURANCE SWITZERLAND CO. AND OTHERS
V.
GEMINI MARITIME SERVICES AND GHANA PORTS &HARBOURS AUTHORITY

(2012) JELR 65387 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/7/2012 ·  25 Apr 2012 ·  Ghana
CORAM
AKUFFO (MS) JSC (PRESIDING), DATE-BAH JSC, ANSAH JSC, BONNIE JSC, BAMFO (MRS) JSC
Core Terms Beta
supreme court
court of appeal
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high court
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trial court
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high court judge
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axes case
axes co ltd v
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date of final payment
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decision of this court
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ghana ports
harbours authority act
interpretation act
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v. tetteh kwame sc c

JUDGMENT

BAFFOE-BONNIE, J.S.C.

The appellants sued the two defendants at the High Court claiming:

a. An amount of Two Hundred and Sixty Two Thousand Nine Hundred and Seventy Seven US dollars or its equivalent in cedis being actual cost of damage and surveyor's fees as a result of the defendant's negligence and breach of contract;

b. Interest on the sum of Two Hundred and Sixty Two Thousand Nine Hundred and Seventy Seven US dollars or its equivalent in cedis at the prevailing commercial rate from August 2008 till date of final payment;

c. Damages for negligence and breach of contract by the defendants;

d. Costs including legal fees; and

e. Any other reliefs arising from the pleadings.

The 2nd defendant respondent entered a conditional appearance and applied to have the writ of summons set aside on the grounds that failure to comply with section 92(2) of Ghana Ports and Harbours Authority Act, 1986 (PNDC Law 160) rendered the writ premature and therefore null and void. This submission was uphel…

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