ERIC MENSAH VS CEIBA INTERNATIONAL
March 16, 2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE NOVISI AFUA ARYENE (MRS.)
Areas of Law
- Tort Law
- Evidence Law
- Civil Procedure
- Contract Law
- Aviation Law
March 16, 2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the Ghana High Court, Justice Novisi Afua Aryene assessed damages following interlocutory judgment after a commercial airline failed to appear in a suit brought by a passenger resident in Equatorial Guinea. The traveler flew on flight C2/Y3FWAS to Ghana for his mother’s funeral, but his 25‑kilogram brown suitcase containing funeral items, personal effects, gifts, and documents did not arrive. He lodged a complaint and a property irregularity report and was instructed to check with the airline on Sundays, repeatedly visiting the airport from his home in Swedru. The airline later wrote that it was tracing the baggage. Applying the Evidence Act’s burden and civil‑proof standards and the carrier’s duty under a contract of carriage, the court treated non‑delivery as prima facie negligence and, unrebutted by the airline’s absence, found liability. Because the contents and values were not strictly proven, special damages were declined, and GH¢20,000 general damages were awarded for inconvenience.
The facts as can be gleaned from the Statement of Claim are that: On the 8th of February 2015, Plaintiff who is resident in Equatorial Guinea traveled to Ghana by the Defendant’s Airline flight number C2/Y3FWAS to attend his mother’s funeral.
His brown suitcase weighing 25 kilos, containing items for the funeral, personal effects, presents for family and friends and documents were not found on arrival.
Plaintiff was asked by the Defendant to fill a complaint form.
He also filed a property irregularity report and was asked to check with the Defendant on Sundays.
It is Plaintiff’s case that he lives in Swedru in the Central Region but made several weekly trips to the Airport to check on his lost baggage to no avail.
Plaintiff contended that he wrote a letter dated 17th of April 2015 to Defendant listing the items in the lost suitcase.
In their response dated 7th May, Defendant assured Plaintiff that they were doing everything possible to trace the lost baggage.
Plaintiff averred that this was not the first time he has lost his baggage on Defendant’s airline and that a similar incident happened on a trip from Ghana to Equatorial Guinea but a report yielded no results.
Plaintiff contended that the total value of the items in the suitcase was 2, 459, 000 CFA which is GHc14, 631. 05 and that he lost these items due to the negligence of the Defendant.
Plaintiff claims as follows: a. An order for the recovery of the total of Ghc14, 631. 05 which is the cost of ascertainable property lost by Plaintiff and interest at the prevailing Commercial Bank Rate from the 8th of May, 2015 till date of final payment.
b. General damages for negligence of Defendant resulting in the loss of Plaintiff’s property and inconvenience to Plaintiff Defendant was duly served with the Writ of Summons and Statement of Claim on the 3rd of December 2015 but failed to enter appearance.
On application, this Court entered Interlocutory Judgment in favor of Plaintiff and adjourned for assessment of damages.
It is provided under section 15(2) of the Evidence Decree 1975, (NRCD323) that unless and until it is shifted, the party claiming that a person did not exercise a requisite degree of care has the burden of persuasion on that issue.
It is required of the Plaintiff who alleges negligence to lead evidence to prove the breach of duty on the part of the Defendant and also lead evidence to prove that the negligence resulted in damages to him.
On the facts and on the evidence, the Defe