[2010]DLSC2533 • February 10, 2010 • Supreme Court •
EMMANUEL ROCKSON vs. ILIOS SHIPPING COMPANY S.A. AND WILTEX LTD.
The plaintiff, a mariner aboard the M/V Dynamic, a Greek-registered vessel sailing under a Cyprus flag owned by the first defendant, sustained injuries while on duty in Beirut. The plaintiff alleged negligence by the first defendant in failing to provide a safe system of employment. After initial treatment in Beirut and subsequent treatment in Ghana, the plaintiff claimed compensation under a collective insurance policy. The defendants contested the claim on legal grounds without filing a defense.
read moreDR. DATE-BAH, JSC: On the 4th of July 2003, the plaintiff mariner filed a writ at the High Court, Sekondi, endorsed with the following claim: “i) Order that the Cyprus affiliate F T PAW, settles the Plaintiff’s claim per the Collective Insurance Policy of International Transport Workers Federation (I.T.W.F.) ii) 35% Interest on the sum payable from 1st November 2001 to date of payment.” This Writ was accompanied by a Statement of Claim containing the facts set out below. Since the defendants have not filed a defence, but have rather contested the plaintiff’s claim as a matter of law, this case has come to us on the basis only of the plaintiff’s averments. The facts tell a sad story, but the sadness of the story cannot legitimately be allowed to affect the correct legal analysis of the case before us. The plaintiff mariner worked aboard the M/V Dynamic, a Greek registered vessel owned by the first defendant and sailing under a Cyprus flag. The second defendant is t...