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MAERSK GHANA LIMITED V. JEMT COMPANY LIMITED

(2012) JELR 65229 (CA)

Court of Appeal  •  CIVIL APPEAL: SUIT NO: H1/96/2011  •  24 May 2012  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), IRENE C. DANQUAH J.A., SENYO DZAMEFE J.A.

Judgement

JUDGMENT

MARIAMA OWUSU, J.A.

This is an appeal against the decision of the High Court, Tema dated 25-2-2010. In the said decision, the court entered judgment for the plaintiff against defendant in the sum of GH¢486,000 (486 million old cedis) plus interest at the prevailing bank rate to be calculated from 17th of March, 2004 (the date the plaintiff made a demand for the release of its cargo but could not have it) to date of judgment. Cost of GH¢5,000 to the plaintiff.

Dissatisfied with the decision of the High Court, the defendant appealed to this court.

The grounds of appeal are:

a. The judgment is against the evidence.

b. The learned trial Judge, with great respect, erred when she held that the respondent’s goods were in the custody and control of the appellant.

c. The learned Judge erred when she made a finding that the appellant’s intention to misappropriate the respondent’s cargo can be reasonably inferred from its act of notifying the respondent of its intention of having the cargo auc…

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