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SOCIETE DE PROMOTION DE LA PACHE V. THE OWNERS & PARTIES INTERESTED IN THE SHIP OR VESSEL M/V HILDA ‘A’

(2000) JELR 70019 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 13/98  •  4 May 2000  •  Ghana

Coram
LAMPTEY J.A. (PRESIDING), BENIN J.A., TWUMASI J.A.

Appearances
AMATEIFIO FOR APPELLANT ,DR. TWUM FOR RESPONDENT

Judgement

LAMPTEY, JA:

On the 18 June 1993, Society De Promotion De La Pache (hereinafter referred to as the “plaintiff co”.) sued the Owners and parties interested in the Ship or Vessel M/V Hilda “A” (hereinafter referred to as ‘defendant co’.) and claimed the reliefs stated in the writ of summons. A statement of claim running into six paragraphs was annexed to the writ of summons, in addition to the statement of claim three bills of lading in the original were annexed to the writ of summons. On the date of sealing the writ of summons, lawyers acting for plaintiff co. filed a motion on notice for the arrest of the vessel, Hilda 'A'. Defendant co entered appearance on 25 June 1993 and its lawyer filed an affidavit opposing the application for the arrest of the vessel, Hilda 'A' which was at that date berthed at Tema. The defendant co. acting by its lawyers filed a statement of defense on 23 July 1993. This statement of defense ran into 21 paragraphs. The defendant co. did not counter-claim for a…

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