SOCIAL SECURITY BANK LTD. vs. AGYAKWA [1991]DLCA2318

Date	1991-06-27
Suit No.
Citation No.	[1991]DLCA2318

ESSIEM JA

AMUAH JA

ADJABENG JJ.A.

KWAMI TETTEH FOR THE DEFENDANT-APPELLANTS.

PETER ADJETEY S.A.G. (WITH HIM WILLIAM ADDO) FOR THE PLAINTIFF-RESPONDENT.

[1991]DLCA2318
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													<main id="main" class="content" style="min-height: 60rem" >SOCIAL
SECURITY BANK LTD.<o:p></o:p>vs.<o:p></o:p>AGYAKWA<o:p></o:p>[COURT OF
APPEAL, ACCRA]<o:p></o:p>[1991] 2
GLR 192<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">

</div>COUNSEL:<o:p></o:p>KWAMI
TETTEH FOR THE DEFENDANT-APPELLANTS.<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">

PETER
ADJETEY, S.A.G. (WITH HIM WILLIAM ADDO) FOR THE PLAINTIFF-RESPONDENT. <o:p></o:p>

ESSIEM,
AMUAH AND ADJABENG JJ.A. <o:p></o:p>

</div>JUDGMENT
OF ESSIEM J.A.<o:p></o:p>The
plaintiff-respondent (hereinafter referred to as the plaintiff) imported into
this country from the United Kingdom certain medical appliances as well as
drugs. The evidence is that he bought the items over a period of time and
shipped them to Ghana while he was still in the United Kingdom. When he later
came to Ghana, the goods had arrived and he needed money to clear them. He did
not have the money and approached the defendant-appellants (hereinafter referred
to as the defendants) who are bankers for help. It was agreed orally that the
defendants would help, but subject to their keeping the goods in their
warehouse as security for the facilities granted.<o:p></o:p>In
accordance with this agreement, the defendants paid direct to the necessary
agencies and the Ports Authority certain sums of money and this enabled the
plaintiff to clear the goods. A list of the items imported was supplied to the
defendants. The loan thus granted totalled ¢800,000. The goods, in five containers,
were delivered to the defendants on 19 December 1984. Under the terms of the
agreement, the defendants would keep the goods as security for the loan until
the plaintiff paid the whole debt he owed the bank. The plaintiff’s case is
that he finished paying off the loan on 28 April 1986, and that the goods were
then released to him that same day. Before he collected the goods, he had to
sign printed acknowledgment that he had received the goods and that they were
in good condition. He took the goods to Suhum.<o:p></o:p>However,
according to the plaintiff, when he examined the goods at Suhum where he had
his clinic, he found that the contents of three of the five containers were
damaged; water had seeped into the containers and the contents were damaged.
The plaintiff, claiming that the defendants were required to take reasonable
care of the goods, and that they failed to do this, sued them. The claim was
for:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“Damages
and consequential loss suffered by the plaintiff as a result of the damage
caused to the plaintiff’s hospital equipment and various other goods and
personal effects through negligence in the custody of those goods by the
defendants, their agents and workmen; alternatively, the plaintiff claims the
above-stated reliefs for negligence in the keeping of the said goods pawned or
pledged to the defendants.”<o:p></o:p>This writ
was filed on 10 April 1987, and on 8 May 1987 a statement of claim was also
filed.<o:p></o:p>The
statement of claim set out in some detail the main basis of the claim and also
gave details of the damages claimed. In paragraph (4), the plaintiff pleaded
that: <o:p></o:p>“It was
an express or implied term of the said agreement:<o:p></o:p><p class="MsoListParagraphCxSpFirst" style="margin-top:0in;margin-right:0in;
margin-bottom:5.0pt;margin-left:.75in;mso-add-space:auto;text-align:justify;
text-indent:-.25in;mso-pagination:none;mso-list:l4 level1 lfo1;border:none;
mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(a)&nbsp;&nbsp;&nbsp; That the defendants would keep the said
containers and their contents in a warehouse that was fit and serviceable for
the storage or warehousing of such goods and would take proper care thereof. <o:p></o:p><p class="MsoListParagraphCxSpLast" style="margin-top:0in;margin-right:0in;
margin-bottom:5.0pt;margin-left:.75in;mso-add-space:auto;text-align:justify;
text-indent:-.25in;mso-pagination:none;mso-list:l4 level1 lfo1;border:none;
mso-padding-alt:31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(b)&nbsp;&nbsp;&nbsp; That the defendants would carefully
look after the said goods, that is to say cover them with tarpaulins or other
suitable covering materials and take all necessary precautions for the safe
keeping of the said goods and save the goods from damage in any form or manner
and loss.”<o:p></o:p>The
plaintiff contin</main>