ALSAJ ABDULKADEL & ORS v. B.B.C INDUSTRIES CO. (GH.) LTD
2019
COURT OF APPEAL
GHANA
CORAM
- P. K. Gyaesayor, JA (Presiding)
- Avril L. Johnson, JA
- Amadu Tanko JA
Areas of Law
- Tort Law
- Evidence Law
- Civil Procedure
2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
A panel of the Ghana Court of Appeal composed of P. K. Gyaesayor, JA (presiding), Avril L. Johnson, JA, and Amadu Tanko, JA dismissed an appeal by private transport owners whose four trucks were destroyed in a January 12, 2013 fire at a manufacturing premises in Tema. The transport owners had been engaged to haul raw materials from the A.C.S container terminal to the company’s factory and, upon arrival after closing hours, were instructed to park on-site overnight. They sued for the truck values and loss of earnings, relying on Ghana National Fire Service and Police CID reports and an INTERCITY STC valuation; the Defendant denied negligence, challenged the valuation, and alleged Ghana Fire Service contributory negligence. Writing for the court, Gyaesayor, JA determined the fire reports offered only speculative “probable causes” and no reliable proof of a defect known to the company, reaffirming that a bailee is not an insurer. Finding no breach or causation and no error in the High Court’s analysis, the Court of Appeal affirmed the dismissal.
GYAESAYOR, JA
This is an appeal by the Plaintiff/Appellant against the Judgment of the High Court, Tema delivered on the 29th day of September, 2017 in favour of the Defendant/Respondent herein. In this appeal the parties shall be referred to simply as Plaintiffs and Defendant.
BACKGROUND FACTS
On 5th November, 2014, the Plaintiffs commenced the instant action against the Defendant herein for the following reliefs;
a) The payment of an amount of Two Hundred and Forty four Thousand and Six Hundred Ghana Cedis (GH¢244,600.00) being the total cost of the four (4) vehicles of the Plaintiffs destroyed in the fire outbreak caused at the premises of the defendant.
b) Interest on the said amount at the prevailing commercial bank rate from the day the vehicles were destroyed in the fire outbreak on 12/01/13 till date of final payment.
c) An Order directed at the Defendants 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 GH¢450.00 per day truck for five (5) working days in a week from 12/01/13 till date of final payment.
d) Interest on the said amount at the prevailing commercial bank rate from the day the vehicles were destroyed in the fire outbreak 12/01/13 till date of final payment.
e) General damages.
f) Costs including legal fees.
The Defendant entered appearance and subsequently filed its Statement of Defence through its lawyers on 15th January, 2015.
The Plaintiffs’ case was that they are private transport owners engaged in the services of carting goods from one location to another. They claimed the 1st Plaintiff is the owner of DAF CARGO TRUCKS with registration Nos, 361G and GT7006A, whilst the 2nd and 3rd Plaintiffs are the owners of LEYLAND TRUCKS with registration Nos. GR4113L and GT1245E respectively.
The Defendant engaged their services as private transport owners to cart raw materials belonging to it from the Tema Port to the Defendant’s factory and on 12th January, 2013, their four (4) trucks loaded raw materials meant for the Defendant Company from A.C.S container terminal to the Defendant company at 4:30 pm. The Plaintiffs’ averred that when the trucks got to the yard of the Defendant, the Defendant had closed work and as a result, the drivers of the trucks were instructed by management of the Defendant to park the trucks loaded with raw materials in the premises of the compa