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EMMANUEL ROCKSON v. LIOS SHIPPING COMPANY S.A & WILTEX

February 10, 2010

SUPREME COURT

GHANA

CORAM

  • AKUFFO, JSC (PRESIDING)
  • DR. DATE-BAH, JSC
  • ANSAH, JSC
  • ANIN YEBOAH, JSC
  • BAFFOE-BONNIE, JSC

Areas of Law

  • Civil Procedure
  • Maritime Law

AI Generated Summary

In this Ghana Supreme Court appeal, Dr. Date-Bah, JSC, writing for the Court, addressed a dispute stemming from injuries suffered by a mariner aboard the M/V Dynamic, a Greek-registered vessel under a Cyprus flag owned by the first defendant, with the second defendant acting as its Ghana correspondent agent. After treatment in Beirut and at Effia Nkwanta Hospital, a medical report assessed a 65% disability, and the first defendant sent US$1,000. The mariner filed a Sekondi High Court writ seeking an order that the Cyprus affiliate F T PAW settle his claim under the International Transport Workers Federation collective insurance policy, with 35% interest. Leave to serve out was granted; Dotse J dismissed a strike-out application, but the Court of Appeal reversed. The Supreme Court raised sua sponte whether the writ disclosed a cause of action and, applying Republic v High Court, Tema; Ex parte Owners of MV Esco Spirit and Mosi v Bagyina, held the unendorsed writ a nullity and dismissed the appeal without reaching the merits.

JUDGMENT