[2001]DLCA1276 • December 20, 2001 • Court of Appeal
WORLDWIDE SHIPPING AND AGENCIES (GH) LTD vs. DARKO
The respondent entered into an agreement with the appellant company to pay freight charges amounting to $5,200 for shipping goods (apparently cars) from Benin to Ghana. Despite payment and issuance of receipts by the appellants, the goods were never shipped to Ghana. The respondent sued for refund of the money paid plus interest.
read moreJUDGEMENT Brobbey JA. This is an appeal from a decision of the High Court, Tema by which judgment was entered in favour of the plaintiff-respondent. The original claim in the High Court arose out of the following facts; some goods were ordered from Canada in a container. They appeared to have been cars. The respondent came to the scene after the goods had arrived in the Republic of Benin. He averred that he entered into an agreement with the appellants that he should pay the freight charges so that the goods would be shipped to Ghana. For that purpose, he paid to the appellants a total of $5,200. The appellants issued receipts for the payments. After the payments, neither the container nor the goods were shipped from Benin. After repeated demands, he instituted the instant action to claim the $5,200 together with interest at the prevailing bank rate. The initial action was brought against the company called Worldwide Shipping and Agencies Ghana Ltd, Tema. The writ was filed on...