BOATENG ASANTE V. SCANSHIP GHANA LIMITED

ANIN YEBOAH JSC

On the 15th of January, 2014, we dismissed the appeal from the judgment of the Court of Appeal and reserved our reasons. We now proceed to offer our reasons for the dismissal of the appeal. The appellant herein has appealed against the unanimous judgment of the Court of Appeal, Accra, which set aside the judgment of the trial High Court, Accra. The facts of this appeal appear to be devoid of any serious controversy. The appellant herein commenced an action at the High Court, Accra (Financial Division).

He is a Ghanaian citizen who had lived in Germany for about twenty-eight years. When he decided to come home to stay permanently he gave instructions to his wife who was in Germany to ship his personal belongings to him in Ghana. In compliance with his wishes the goods were entrusted to Messrs Schenger and Company, Tubengen, Stuggar who were forwarding agents for the shipment to the plaintiff in Ghana.

According to the appellant he waited for several months and did not rece…