FODWOO vs. LAW CHAMBERS & CO. [1965]DLSC1802

Date	1965-05-17
Suit No.
Citation No.	[1965]DLSC1802

OLLENNU JSC

ACOLATSE JSC

APALOO J.S.C.

N. OLAGA (WITH HIM SEKYI AND W. BOSSMAN) FOR THE APPELLANT.

E. N. MOORE FOR THE RESPONDENTS.

[1965]DLSC1802
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													<main id="main" class="content" style="min-height: 60rem" >FODWOO<o:p></o:p>&nbsp;vs. <o:p></o:p>LAW CHAMBERS &amp; CO. <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1965] GLR 363<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
17 MAY 1965.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

N. OLAGA (WITH HIM SEKYI AND W. BOSSMAN) FOR THE
APPELLANT.<o:p></o:p>

E. N. MOORE FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

OLLENNU, ACOLATSE AND APALOO JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF APALOO J.S.C<o:p></o:p>Apaloo
J.S.C. delivered the judgment of the court. This is an appeal from the judgment
of Mrs. Jiagge J. dated 24 June 1963. By that judgment, the learned judge
dismissed an action brought by the appellant (whom we shall hereafter call the
plaintiff) against the respondent firm (hereinafter called the firm) to recover
damages for negligent breach of contract. There is a considerable area of
agreement between the parties on the facts and we state them briefly. The
plaintiff was at the times material to this case the owner of a shop at Agona
Swedru. On 1 September 1956 he took out a policy of insurance with the Northern
Assurance Co., Ltd. By that policy, the insurance company agreed for valuable
consideration to indemnify the plaintiff up to a maximum of two thousand eight
hundred pounds (£G2,800) for any loss suffered by him as a result of burglary
or housebreaking committed on his premises. In the early hours of 27 February
1960 the plaintiff’s shop was broken into and some of his goods were stolen.
The plaintiff had kept up his payment of premiums and the contract of insurance
was current when his stock-in-trade was stolen. Accordingly, the plaintiff
notified the insurance company of the theft and submitted a claim to them. The
evidence shows that the stock of the plaintiff’s goods was taken on the morning
of 27 February at which stock taking a representative of the insurance company
was present. Thereafter, letters were exchanged between the plaintiff and the
insurance company on the subject of the claim. On 4 January 1961 the solicitor
of the insurance company wrote to the plaintiff repudiating liability on
certain grounds which we do not find necessary to set out.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff then consulted the firm and retained them to prosecute an action
against the Northern Assurance Co., Ltd. to recoup his losses. There is not a
great deal of evidence about the structure and composition of the firm but it
seems to be a partnership of legal practitioners who were carrying on their
profession as lawyers within the meaning of section 2 of the Legal Profession
Act, 1960.1 It seems that the plaintiff at first saw Mr. Aduamah who was one of
the partners in the firm. The latter took him to Mr. Amissah-Adu who appears to
be a senior partner in the firm. Mr. Amissah-Adu in turn passed on the case to
Mr. Agyemang who was then working for the firm. He in fact interviewed the
plaintiff and eventually initiated the proceedings against the insurance
company. In due course, the action became ripe for hearing and was fixed for
hearing before the High Court constituted by Ollennu J. (as he then was) on 20
March 1962. On that day, Mr. Dove who appears to be yet another partner of the
firm, or who was instructed by the firm, appeared for the plaintiff who was
himself in court. Mr. Dove informed the court that he was not ready to proceed
with the case and as the case was apparently definitely fixed for that day, the
case was struck out with costs. The firm moved to have this case restored to
the list and supported it with an affidavit which did not show much regard for
the truth. The firm succeeded in persuading the court to restore the case to
the list and an order was made to that effect.<o:p></o:p><o:p>&nbsp;</o:p>The
evidence shows that when the case was restored to the list, the plaintiff‘s
brief was passed on to yet another partner of the firm, namely, Mr. Ampaw. The
case was again listed for hearing before the self-same judge on 25 April 1962.
On that day, Mr. Ampaw appeared for the plaintiff. The plaintiff then gave
evidence and was cross-examined. After this, the case was adjourned to the
following day. When hearing was resumed, Mr. Ampaw informed the court that he
did not wish to re-examine the plaintiff and then closed his case. The
insurance company then put into the witness-box three witnesses and also closed
their case. Both counsel then addressed the court and after this, judgment was
reserved to 30 April 1962. The proceedings of the court on the two days that
the hearing took place, were, for a reason which we have not been able to
fathom, tendered in evidence by the firm and were admitted as exhibit 8. On 30
April 1962 judgment was delivered against the plaintiff on two grounds, one
only of which is relevant to the proceedings which culminated in this appeal.
And that is that the plaintiff failed to prove the loss which he suffered. The
learned judge therefore said he could not award an arbitrary sum in his favour.<o:p></o:p><o:p>&nbsp;</o:p><o:p>&nbsp;</o:p>The
plaintiff, as is only to be expected, was aggrieved at the result of the case
and instructed Mr. Ampaw to take the matter on appeal. Mr. Ampaw must have
considered that an appeal had no prospect of success and declined to take that
course. He told the p</main>