BOATENG ASANTE v. SCANSHIP GHANA LIMITED

ANIN YEBOAH JSC;

On the 15th of January, 2014, we dismissed the appeal from the judgment of the Court of Appeal and reserved our reasons. We now proceed to offer our reasons for the dismissal of the appeal.

The appellant herein has appealed against the unanimous judgment of the Court of Appeal, Accra, which set aside the judgment of the trial High Court, Accra. The facts of this appeal appear to be devoid of any serious controversy. The appellant herein commenced an action at the High Court, Accra (Financial Division).

He is a Ghanaian citizen who had lived in Germany for about twenty-eight years. When he decided to come home to stay permanently he gave instructions to his wife who was in Germany to ship his personal belongings to him in Ghana. In compliance with his wishes the goods were entrusted to Messrs Schenger and Company, Tubengen, Stuggar who were forwarding agents for the shipment to the plaintiff in Ghana.

According to the appellant he waited for several months and did not receive the goods and therefore wrote to his solicitor in Germany to instruct them to take action on the matter. His solicitors in reply informed the appellant that the goods had indeed arrived in Ghana on or about the 11th of November 1990.

The appellant thereupon contacted the respondent and he was informed that it had long ago posted Arrival Notice to the appellant herein to inform him of the arrival of goods and as the respondent failed to clear the goods, sent the goods to the State’s warehouse to be auctioned as unclaimed goods as required by the laws of Ghana.

The appellant at the State Warehouse saw the containers in which his goods were shipped but bore his corny name and postal address as Boateng Asante P.O.Box 5926, Accra. According to the appellant upon his demand to be shown the Arrival Notice the respondent showed him an Arrival Notice with different particulars as follows; Boateng Acanle, c/o Mr. Agyekum P.O.Box 5296, Accra which appeared to be contrary to and inconsistent with the other particulars above.

The appellant resorted to legal action and pleaded breach of contract, negligence and/or carelessness against the respondent herein. The learned trial High Court judge after hearing, entered judgment for the appellant and granted the appellant the reliefs sought. The respondent lodged an appeal at the Court of Appeal, Accra, which reversed the judgment of the trial High Court on several grounds. This appeal is before this court from the unanimous decisi