ADINYIRA (MRS), JSC:-
This is an appeal against a judgment of the Court of Appeal, Accra, dated 12 March 2015. The background facts to the appeal are that the plaintiff/respondent/appellant [Plaintiff] is a Ghanaian scrap dealer resident in Italy. In July 2011, he shipped a 40 foot container of vehicle spare parts to the Takoradi Port. The defendant/ appellant/ respondent [Defendant] was appointed stevedores of the cargo. During the process of moving the cargo at the port the container fell heavily onto the deck of the vessel and got damaged along with some of its contents.
In negotiations after the accident, the defendant accepted responsibility for the loss and the plaintiff released the whole container to the defendant in return for payment of money as settlement for his loss. A dispute arose over the appropriate quantum to be paid to the plaintiff.
The plaintiff was claiming from the defendant GH¢ 150.000.00 as the value of the damaged spare parts, GH¢ 50,000.00 as anticipated profit…