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BOATENG ASANTE V. SCANSHIP GHANA LTD.

(2011) JELR 69644 (CA)

Court of Appeal  •  SUIT NO.: H1/16/2011  •  1 Dec 2011  •  Ghana

Coram
G. M. QUAYE JA (PRESIDING), YAW APPAU JA, DENNIS D. ADJEI JA

Judgement

DENNIS D. ADJEI JA

This is an appeal against the judgment of the High Court, Accra (Financial

Division) dated 29th January, 2010. For the purposes of this appeal the Plaintiff/Respondent would be referred to as the Plaintiff and the Defendant/Appellant as the Defendant.

The Plaintiff per his writ of summons filed on 31st May 1996 claimed against the Defendant for:

a) Damages for breach of contract and

b) And/or in the alternative damages for negligence.

The brief facts of the case are that, the Plaintiff, an architect who is a Ghanaian lived in Germany for twenty-eight (28) years. He finally, decided to settle in Ghana in 1990. He instructed his wife in Germany to ship all his personal belongings to him in Ghana. The shipper shipped the goods consigned to the Plaintiff through OTB Overseas Transport. The Defendant herein was an agent of OTB Overseas Transport. The Plaintiff after waiting for about two (2) years without hearing about the goods instructed his lawyers to inquire about the wher…

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