[1999]DLCA489 • January 28, 1999 • Court of Appeal
SCANSHIP GHANA LTD vs. EFFASCO LTD
The plaintiffs contracted with the owners of MV Rep Di Genova to ship goods from Tilbury, England to Tema, Ghana. The goods were packed in a container by Lister Plant Sales and shipped on 14 April 1992. Upon arrival in Tema on 12 May 1992, the cargo was missing from the vessel though the container was present. The plaintiffs sued the defendants, local agents of the carrier, for the value of the cargo, damages for negligence, and loss of use of equipment.
read moreJUDGMENT OF 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 & 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...