[2016]DLCA4510 • March 22, 2016 • Court of Appeal
BTL LIMITED vs. MAERSK GHANA LTD
The plaintiff, BTL Limited, a company engaged in exporting nontraditional foodstuffs to the USA, contracted the defendant, Maersk Ghana Ltd, a shipping company, to ship 1,030 boxes of fresh yams in a refrigerated container to the USA. The defendant provided a refrigerated container that failed the Pre-Trip Inspection (PTI) test. Despite notification of defects and a transfer of the yams to another container without plaintiff's full involvement or inspection, the shipment proceeded. Upon arrival in the USA, the yams were found spoiled. The plaintiff claimed damages for the loss, alleging negligence by the defendant in handling the shipment.
read moreDZAMEFE, JA Plaintiff/respondent hereinafter referred to as the plaintiff issued this writ against the defendant/appellant also referred to as defendant in the Accra High Court for the following reliefs; a. Specific damages in the sum of Forty-six Thousand Three Hundred and Fifty dollars ($46,350.00) to be paid by defendants to plaintiffs being the cost of 1,030 boxes of fresh yams, the freight, clearing and handling charges in the USA. b. Interest on the said sum of Forty-six Thousand Three Hundred and Fifty dollars ($46,350.00) at the commercial bank lending rate of interest from 1st February 2010 to and inclusive of the final date of payment. c. General damages for the inconvenience, pain, distress and loss of customers and income to plaintiffs resulting from not fulfilling their contractual obligations to their customers because of defendants’ negligence and resultant damage. d. Cost. The plaintiff is a limited liability company established under the Companies Code an.....