Try asking the following...
J U D G M E N T
DR S. TWUM J.S.C: This is an appeal from the judgment of the Court of Appeal dated 24th March 2006. It substantially confirmed the judgment of the High Court against which the appeal to the Court of Appeal was lodged. The appellants in this Court were the defendants in the High Court suit and for ease of reference I will refer to them in this opinion as the defendants. The respondents, who were plaintiffs in the High Court, will also be known as plaintiffs in this opinion.
The History
On 20th April 1994, the Plaintiffs filed a writ of summons in the High Court, Tema, against the defendants, claiming
an order compelling the defendant to pay to the Plaintiffs the value and loss of profits on 6234 cartons of yams out of the total of 7034 cartons which defendants accepted and took custody of with the view of shipping the same to Plaintiffs at Norfolk, Virginia, U.S.A. but which said carton of yams Defendants negligently and in breach of duty left in the open and were soaked by rains rendering the same unfit for export and which said yams Defendants failed and/or neglected to ship to Plaintiffs.
Interest on the sum awarded at the rate of 32% per annum from 12/10/93 to date of payment. Interest on the sum awarded at the rate prevailing as at date of judgment from 12/10/93 to date of judgment.
The writ of summons was accompanied by a statement of claim. In their statement of claim the Plaintiffs averred inter alios as follows:-
“In or about October 1993, the Plaintiffs sent a representative to Ghana who ordered and purchased 7034 cartons of yams from a member of local yam suppliers for shipment to and sale and sale in the USA to various distributors there.”
6. Pursuant to the agreement aforesaid the Defendant ordered the Plaintiff’s local suppliers/agents, namely Alfus (Ghana) Ltd, Ma-Kubby, Samoda Farms Ltd, and Baafuor Senchery Ltd, to send the yams purchased by them for the Plaintiff to the port of Tema by noon 9/10/93 for loading on board the M.V. Ursus Delmas and for onward shipment to the United States.
At about 8.00p.m. on 9/10/93 there was a heavy down-pour of rain in and around the port of Tema in consequence whereof the cartons of yams belonging to the Plaintiffs which had been left by the Defendant sitting uncovered in the open were soaked and rendered unfit for export.
By reason of the matters aforesaid the Plaintiffs suffered damage in respect of the value of 6234 cartons of yams and the profits they would have made on that