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ROSEMOND SALEMI AKIL & THOMAS MARMAH MARTEYE V. ARISTOTLE KOTEY

(2008) JELR 68061 (CA)

Court of Appeal  •  CIVIL APPEAL NO.: H1/82/2007  •  19 Dec 2008  •  Ghana

Coram
PIESARE JA [PRESIDING], DUOSE JA, ADDOH JA

Judgement

ADDOH, JA

The Plaintiffs/Appellants were the administrators of the Estate of the late Kingsley Emmanuel Frimpong. They procured L/A from the High Court on 25th April, 1995. Sometime in 1996 the plaintiffs/appellants per their solicitors engaged the services of the defendant, a practicing lawyer in Houston, Texas, USA to pursue a claim in the court of law in the USA against the owner and insurers of the vessel M/V Shelby star which sank in the Atlantic Ocean killing the deceased who was a sailor on board. The defendant advertently or inadvertently failed to pursue the claim. Consequently, the plaintiffs/appellants sued him for his negligence in Houston court. The defendant was found liable and damages were assessed in his presence in the court. The plaintiffs/appellants were awarded an amount of $US 9,500 plus interest at the rate of 2.7% per annum.

The plaintiffs/appellants issued a writ of summons on 08/07/03 against the Defendant/Respondent in the High Court, Accra to demand the judgm…

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