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ATLANTIC DAWN LTD V. EMPRESA DE NAVIGACION MARUBA S.A & HULL BLYTH GHANA LTD

(2020) JELR 91988 (CA)

Court of Appeal  •  CIVIL APPEAL NO.: HI/175/18  •  23 Jan 2020  •  Ghana

Coram
OFOE, J.A. (PRESIDING), C. SOWAH, J.A. , H. KWOFIE, J.A.

Appearances
BERNARD AGORTEY FOR PLAINTIFF/APPELLANT DESMOND NII ADAMAH FOR 2ND DEFENDANT/RESPONDENT

Judgement

JUDGMENT

OFOE, J. A.

For reasons to be gathered from the pleadings of the plaintiff/appellant company, which we will narrate presently, it sued the defendants for:

“i) Damages 

 ii) Recovery of an amount of US$237,500.00.

iii) Interest on the amounts in relief ii) above from 21st day of May, 2009 to date of final payment.

iv) Special damages of US$20,000.00 for travel and other incidental cost;

v) Interest on the amounts in relief iv) above from 8th day of December, 2009 to date of final payment.

vi) Cost including cost incidental to this suit. 

vii) Any other relief the Honourable Court may deem fit to make

The trial court refused all these reliefs except for general damages for breach of contract which she assessed as GHC10,000.   GHC10,000 cost was also awarded in its favour.

Aggrieved at this judgment the plaintiff/appellant, who we will refer to in this judgment as the plaintiff, has filed the following grounds of appeal seeking from this court a reversal of the judgment after a review o…

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