[2012]DLSC2599 • April 25, 2012 • Supreme Court •
XL INSURANCE SWITZERLAND CO. AND OTHERS vs. GEMINI MARITIME SERVICES AND GHANA PORTS &HARBOURS AUTHORITY
The appellants sued the respondents at the High Court claiming damages and costs arising from alleged negligence and breach of contract related to maritime services. The 2nd respondent challenged the writ of summons on grounds of non-compliance with section 922 of the Ghana Ports and Harbours Authority Act, 1986 (PNDC Law 160), which requires prior written notice before commencing a suit. The High Court upheld this objection and dismissed the writ. The appellants sought and obtained an extension of time to appeal, but the Court of Appeal dismissed the appeal as out of time and upheld the constitutionality of section 922.
read moreBAFFOE-BONNIE, J.S.C. The appellants sued the two defendants at the High Court claiming: a. An amount of Two Hundred and Sixty Two Thousand Nine Hundred and Seventy Seven US dollars or its equivalent in cedis being actual cost of damage and surveyor's fees as a result of the defendant's negligence and breach of contract; b. Interest on the sum of Two Hundred and Sixty Two Thousand Nine Hundred and Seventy Seven US dollars or its equivalent in cedis at the prevailing commercial rate from August 2008 till date of final payment; c. Damages for negligence and breach of contract by the defendants; d. Costs including legal fees; and e. Any other reliefs arising from the pleadings. The 2nd defendant respondent entered a conditional appearance and applied to have the writ of summons set aside on the grounds that failure to comply with section 92(2) of Ghana Ports and Harbours Authority Act, 1986 (PNDC Law 160) rendered the writ premature and therefore null and void. This submiss...