DR. R. S. D. TEI & ANOR v. MESSRS CEIBA INTERCONTINENTAL
2018
SUPREME COURT
GHANA
CORAM
- DOTSE, JSC (PRESIDING)
- YEBOAH, JSC
- BAFFOE-BONNIE, JSC
- APPAU, JSC
- PWAMANG, JSC
Areas of Law
- Aviation Law
- Civil Procedure
- Tort Law
- Evidence Law
2018
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana reviewed an appeal by an international engineering consultant, Executive Chairman of Rockshell International and Delta Group of Companies, against the Court of Appeal’s damages cap following a serious onboard accident. On 5 October 2014, at Kotoka International Airport, Accra, a co‑passenger opened an overhead bin and luggage fell onto the appellant’s left eye as he boarded a flight to Malabo, Equatorial Guinea for high‑level energy talks. Although cabin staff provided cotton wool and gentian violet and he continued the journey, he later lost sight in that eye. The High Court dismissed his suit because a co‑passenger caused the injury; the Court of Appeal reversed on the Montreal Convention’s strict liability but limited damages to 100,000 SDR. The Supreme Court held Article 21(2) applied—given pleadings admitting third‑party causation and no proof of carrier negligence—and Article 29 preempted tort claims. It modified the award to the revised cap of 113,100 SDR and dismissed the rest of the appeal.
PWAMANG, JSC:-
This is an appeal against the judgment of the Court of Appeal dated 29th June, 2017. The background to the case is as follows; The plaintiff/appellant/appellant, to be referred to as the appellant, is an international engineering consultant and Executive Chairman of Rockshell International and Delta Group of Companies. On 5th October, 2014 he boarded an aircraft of the defendant/respondent/respondent, to be referred to as respondent, at the Kotoka International Airport, Accra as a fee paying passenger to fly to Malabo in Equatorial Guinea. The trip was to discuss the setting up of electricity generation facilities in Equatorial Guinea with the President of that country and he was in the company of his Executive Secretary and his Lawyer. As he took his seat on the aircraft a co-passenger opened the overhead carry-on baggage compartment and a piece of luggage fell on his left eye and he sustained a cut from which blood flowed. The appellant was given cotton wool and gentian violet by the staff of the respondent with which his Executive Secretary managed the flow of blood. That notwithstanding, they embarked on the flight to Malabo. The injury that the appellant sustained eventually caused him to lose that eye and he is now one-eyed.
He sued in the High Court, Accra for damages and based his claim on the Montreal Convention and the tort of negligence with particulars of damages under various heads namely; Pain and Suffering, Emotional and Psychological trauma, Medical Expenses and Loss of Earnings. From the record it appears that at the time of filing the writ of summons plaintiff had not completely lost the use of the injured eye so he did not claim for permanent disability but at the trial he led evidence to that effect and claimed damages for disfigurement and permanent disability in his written address.
The respondent, though served with the writ of summons, statement of claim and Hearing Notices, did not appear to contest the case. The appellant gave evidence and relied on his witness statement and its attachments in support of his case and as proof of the high damage he suffered both to his person and his business. Though the appellant's evidence stood unchallenged, the trial High Court Judge in her judgment held that since the injury was caused by the act of a co-passenger and not staff of the respondent, the appellant had no cause of action against the respondent. She therefore dismissed the case and the Appellant appealed her decisi