2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
A plastics manufacturing company in Tema engaged transporters to convey raw materials to its factory. After hours, the transporters’ four trucks remained parked on the premises and a nighttime fire destroyed the factory and the trucks. The Ghana National Fire Service investigated and issued a report indicting the company, but the company disputed the report’s professionalism and offered compensation via its insurer that the transporters rejected. The transporters sued in negligence for the trucks’ value, loss of use, interest, and damages. The High Court found they failed to prove negligence, and the Court of Appeal affirmed. On further appeal, the Supreme Court (per Owusu JSC) held the parties’ relationship was bailment and the appellants bore the burden to prove negligence under the Evidence Act. Because res ipsa loquitur was not pleaded and the GNFS report, being challenged, required testimony and showed contradictions, the appellants did not meet the civil standard. Equity arguments about insurance claims failed. The appeal was dismissed.
OWUSU (MS.) JSC:-
On 30th May, 2019, the Court of Appeal, Accra, dismissed plaintiffs’ appeal and affirmed the judgment of the High Court Tema dated 29th September, 2017.
Dissatisfied with the decision of the Court of Appeal, the plaintiffs have appealed to the Supreme Court.
The relief sought from the Supreme Court is to set aside and or reverse the Judgment of the Court of Appeal.
Before dealing with the arguments canvassed in support and against this appeal, we will give a brief background of the case.
By its amended writ of summons, the plaintiffs claim against the defendant, the following reliefs;
The payment of an amount of Two Hundred and Forty- Four Thousand and Six Hundred Ghana Cedis (Ghc244,600) being the total cost of the four vehicles of the plaintiffs destroyed in the Fire Outbreak at the premises of the defendant company which was due to the negligence of the defendant.
Interest on the said amount at the prevailing commercial bank rate from the day the vehicles were destroyed in the Fire Outbreak 12/01/2013 till the day of final payment.
An order directed at the defendant to pay to the plaintiffs the loss of earnings that would have accrued to them for the use of the vehicles had same not been destroyed in the Fire caused by the negligence of the defendant company at the rate of Ghs 450.00 per day per truck for five working days in a week from 12/01/2013 till date of final judgment.
Interest on the said amount at the prevailing commercial bank rate from the day the vehicles were destroyed in the Fire Outbreak 12/01/2013 till date of final payment
General Damages.
Costs including legal fees
The defendant/respondent/respondent, to be called “the respondent” is a company that manufactures plastics products in its factory at Tema Industrial Area. On Saturday, 12th April, 2013 the respondent engaged the services of the plaintiffs/appellants/appellants, to be called “the appellants”, to transport raw materials for its factory in four cargo trucks from the port of Tema to the factory premises. The vehicles arrived after working hours so they parked on the premises of the factory. Unfortunately, in the night there was a fire outbreak on the factory premises. The Ghana National Fire Service (GNFS) were called in promptly but failed to bring the fire under control with the result that, it devastated the factory buildings and warehouse of the respondent and burnt the appellants’ vehicles beyond economic repairs. As part of their statutory f