PETER KOBINA ABABIO (PLAINTIFF/APPELLANT) vs. GHANA AIRWAYS LIMITED & ANOR. (DEFENDANTS/RESPONDENT)

The Plaintiff/Appellant, Peter Kobina Ababio, won the U.S. Diversity Immigrant Visa Lottery and was issued a visa valid until 29 March 2004. On 26 March 2004, he purchased a one-way ticket from Ghana Airways to travel to New York. At the security checkpoint, the 2nd Defendant (a security officer) doubted the genuineness of the visa after it failed to fluoresce under ultraviolet light and referred the Plaintiff to the Immigration Fraud Office. The visa was subsequently sent to the U.S. Embassy for verification, which confirmed its genuineness but warned that the visa would expire at midnight U.S. time on 29 March 2004. Due to delays and inability to secure an immediate flight, the Plaintiff's visa expired before he could travel, resulting in loss of opportunity to relocate to the U.S.

DUOSE, J.A. This is an appeal from the judgment of the Fast Track Division of the High Court, Accra dated 21st of March 2005. At the trial the Plaintiff/Appellant sued for the following: (1) General damages for loss of opportunities and enhancement occasioned by willful act of the Defendants in breaching their contract of carriage of the Plaintiff to the United States of America resulting in the lapse of his Diversity Immigration Visa on 29th of March 2004. (2) An order for the payment of special damages of ¢200,000,000.00 being the amount Plaintiff spent in applying for the visa and other expenses made during the said application. (3) Further and other reliefs as the court may deem fit. (4) Costs. The facts on record are as follows: The Plaintiff/Appellant won the Lottery under the United States of America Diversity Immigrant Visa Programme. He was therefore issued with an immigrant visa dated 30th September 2003 to expire on 29th March 2004. On Friday 26th of March 200....