[2013]DLCA8092February 14, 2013Court of Appeal

HULLBLYTH (GH. LTD) WILHELMSEN LINES OF NORWAY vs. ANGLOGOLD ASHANTI LTD.

OFOE,J.A.: After initial uncertainties about the exact amount and particulars of their claim the plaintiff and co-plaintiffs/respondents finally settled and sued the defendant/appellant, Anglo gold Ashanti for: “a. An order for the recovery of the sum of US$595,836.79 less US$88,039.12 paid by the defendant and received by the co-plaintiff for the value of the containers plus interest being the outstanding demurrage charges due and payable as at the date 15th February 1999 when the containers were declared lost by the co plaintiff in accordance with the custom in the shipping industry. b. Interest on the amount claimed in (a) with effect from the 15th day of February 1999 at the rate of 4% per annum until the date of judgment c. Cost” In this appeal the parties would be referred to as appellant and respondents, which in any case they are in this court. The substance of the case before us is simply the alleged failure of the appellant to return containers that they took deli...