MAERSK (GH) LTD vs. HONESTY FISHERIES LTD

JUDGMENT OF ESSILFIE-BONDZIE J.A. By its writ of summons filed on 22 December 1995, the plaintiff-respondents (hereinafter referred to as the plaintiffs) initiated an action against the defendant-appellants (hereinafter referred to as the defendants) for two reliefs namely: “(1) An order to enforce the arbitration award dated 21 November 1995 made by the Greater Accra Region Fisheries Department against the defendants which the defendants have failed and or refused to comply with. (2) General and special damages for the injuries, loss and damage suffered by the plaintiffs as a result of the negligence of the defendants’ MV Clara Maersk.” Before I examine the facts, it will be well to relate them. On 6 September 1995, whilst the plaintiffs’ vessel TF 430 “Honesty” was on a fishing expedition and had cast its net, and was in the process of hauling it in, the defendants’ vessel Clara Maersk steamed towards them and despite warning lights given out by the crew, th...