JUDGMENT
GBADEGBE JSC
On 14 July 2008, an entity that goes by the name Khawaja Brothers Co Ltd purchased, so the plaintiff alleged, purchased one thousand bags of sugar from a company in Accra that was to be consigned to Kumasi. The purchaser initially approached the plaintiff, an employee of a haulage company to undertake the contract of carriage but as they had no vehicles available, the plaintiff arranged a vehicle belonging to the defendants to undertake the contract of carriage. According to the plaintiff, the terms of the carriage were agreed upon between the driver of the vehicle and the owner of the goods but unfortunately, the vehicle never discharged the goods at the agreed destination and all efforts to retrieve the goods failed, hence the action herein. The defendants strenuously contested the action by denying that there was any capacity in the plaintiff and also averred on the merits that by the practice prevailing in contract of carriage of goods, they were unanswerable f…