DANIEL ASHIAH vs. GEMINI MARITIME & STEVEDORING SERVICES LTD.

KANYOKE, J.A. In November 2005, the plaintiff/respondent (hereinafter referred to as the Respondent), resident in Germany shipped to Tema a 20 feet container stocked with used vehicle spare parts and accessories. The container was shipped on a vessel named Kamina. The vessel arrived at Tema port safely; however, on 4th December, 2005, when the container was being offloaded from the vessel with a Reachstacker operated by an employee of the defendant/appellant (hereinafter referred to as the Appellant), both the Reachstacker and the container fell into the sea. These were however salvaged on the third day of the accident. The container was subsequently opened on the 17th January, 2006 for examination after which a Survey Report was issued. The Survey Report was tendered during the trial as Exhibit 1 whilst the bill of lading or Invoice was also tendered as Exhibit B. On the 23rd day of March 2006, the respondent claiming that the goods in the container were damaged beyond econom...