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EMMANUEL ROCKSON V. ILIOS SHIPPING COMPANY S.A. AND WILTEX LTD.

(2010) JELR 68493 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/13/2007  •  10 Feb 2010  •  Ghana

Coram
AKUFFO JSC (PRESIDING), DR. DATE-BAH JSC, ANSAH JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC

Judgement

JUDGMENT

DR. DATE-BAH, JSC

On the 4th of July 2003, the plaintiff mariner filed a writ at the High Court, Sekondi, endorsed with the following claim:

“i) Order that the Cyprus affiliate F T PAW, settles the Plaintiff’s claim per the Collective Insurance Policy of International Transport Workers Federation (I.T.W.F.)
ii) 35% Interest on the sum payable from 1st November 2001 to date of payment.”

This Writ was accompanied by a Statement of Claim containing the facts set out below. Since the defendants have not filed a defence, but have rather contested the plaintiff’s claim as a matter of law, this case has come to us on the basis only of the plaintiff’s averments. The facts tell a sad story, but the sadness of the story cannot legitimately be allowed to affect the correct legal analysis of the case before us.

The plaintiff mariner worked aboard the M/V Dynamic, a Greek registered vessel owned by the first defendant and sailing under a Cyprus flag. The second defendant is the correspondent ag…

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