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GHANA CARGO HANDLING CO., LTD. V. AMAH’S LADIES & GENTS TAILORING MANUFACTURING CO., LTD.

(1978) JELR 68014 (CA)

Court of Appeal  •  31 Jul 1978  •  Ghana

Coram
LASSEY JA,SOWAH JA,FRANCOIS J.A.

Judgement

LASSEY J.A.: In this appeal the plaintiffs are the respondents and the defendants are the appellants. The appeal raises a question of a contract of bailment for hire of work and labour for reward of a special kind in which the liability of the bailee was limited by force of statute.

The defendants appealed from a judgment of Edusei J. in the High Court, Sekondi, whereby he allowed the plaintiffs’ claim for damages for the loss of their goods from a warehouse.

The facts of the case are simple and straightforward and virtually undisputed, as are the values of the missing goods. The legal point with which the appeal is concerned relates to the extent of the defendants’ liability for the loss of the plaintiffs’ consignment.

The plaintiffs are a company carrying on the business of tailoring and manufacturing in Kumasi. It seemed the company had done regular business as importers at Takoradi Harbour. On 20 September 1970, the plaintiffs received a consignment of unloaded cargo containing four …

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