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MENSAH V. NATIONAL SAVINGS AND CREDIT BANK

(1990) JELR 68066 (SC)

Supreme Court  •  4 Dec 1990  •  Ghana

Coram
WUAKU JSC,AMUA-SEKYI JSC,AIKINS JSC,EDWARD WIREDU JSC,AMUAH J.A.

Judgement

AMUA-SEKYI J.S.C.: This is an appeal from the decision of the Court of Appeal [see sub. nom. National Savings and Credit Bank v. Mensah [1989-90] 1 G.L.R 611 C.A. ante setting aside a judgment of Ampiah J. (as he then was) sitting in the High Court, Accra by which the plaintiff, Godson Mensah, a trader, was adjudged to be entitled to recover from the defendants, the sum of ¢112,573,178.60 as the value of goods destroyed in a fire which broke out in a warehouse owned by the defendants. At the time of the bailment, and up to the date of their destruction, the agreed value of the goods was ¢1,988,320. The plaintiff claimed the value of the goods, a refund of the warehouse fee he paid to the defendants and 30 per cent profit on the goods. The two latter claims were rejected by the High Court, but the claim for the value of the goods was inflated to the higher figure by converting the amount into United States dollars at the rate of exchange prevailing at the time of the bailment and then …

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