ACQUAH JA.
This is an appeal against the judgment of an Accra High Court dated 20 October 1992. I will refer to the parties in the manner they appeared at the court below. The plaintiff is manufacturer of windscreens and other related items, the defendant is a businessman who runs cargo transport to and from the Tema harbour and had on diverse occasions conveyed plaintiff’s glassware and other items in containers from the Tema harbour to the plaintiff’s warehouse at the South Industrial Area, Accra.
In March 1990, the plaintiff took delivery of a container of glassware at Tema Harbour. The plaintiff, as usual, called on the defendant to convey the consignment from the Harbour to its warehouse in Accra for a fee of ¢65,000. The defendant’s vehicle, which was to convey the consignment, was an Albion flat body articulator No GX 3396, then driven by one Narh Bruce who testified as DW1. The vehicle collected the container at Shed 11 and drove to the harbour security checkpoint near the exit …