[2020]DLCA8580 • January 29, 2020 • Court of Appeal
BRITAK STEEL COMPLEX LIMITED vs. CARGO SYSTEMS (GH.) LTD (1ST DEFENDANT) THE VESSEL M/V AFRICAN LARK (OWNERS & PERSONS INTERESTED) ANTRAK GH LTD. GHANA PORTS & HARBOURS AUTHORITY TEMA
The Respondent shipped heavy-duty equipment aboard the vessel M/V African Lark, which was stevedored by the 1st Defendant at the Port of Tema in February 2009. During discharge, the equipment fell due to a torn rope, causing substantial damage quantified at USD 416,620,000. The Respondent claimed general and special damages, loss of use, and interest. The 1st Defendant and others denied liability, with the 4th Defendant denying any cause of action against it. The Trial Court found the 1st, 2nd, and 4th Defendants jointly liable for the damages.
read moreTANKO AMADU J.A (1) This appeal is from the judgment of the High Court, Tema dated 23rd June 2015. In the High Court, the Plaintiff/Respondent (hereinafter referred to as the “Respondent”) took out a writ against the Defendants, (the 4th being the only Appellant herein) jointly and severally for the following reliefs:- “(i) General and special damages for negligence and/or breach of duty in or about the Carriage/Discharge/Stevedoring/ Handling/Management/Custody of a consignment of heavy duty equipment/machinery shipped aboard the Vessel M/V African Lark and Stevedored by the 1st Defendant Company at the Port of Tema in or about February 2009. (ii) Loss of use (iii) Interest on the above at the prevailing banking rate from February 2009 till date of final payment. (2) In its Amended Statement of Claim pursuant to leave of the Trial Court, the Respondent set out the back ground facts leading to its action in the Trial Court, the summary of which are that, th...