HASNEM ENTERPRISE LTD. v. ELECTRICITY CORPORATION OF GHANA

This High Court judgment by Benin J. arises from a dispute between Hasnem Enterprise Ltd. of Cape Coast and the Electricity Corporation of Ghana (ECG) over alleged damage to Hasnem’s electrical equipment following a fault on ECG’s underground service cable on 21 March 1981. After two prior amendments, Hasnem sought a third amendment to increase claimed values and add heads such as loss of use and interest. The court rejected the amendment as useless because the statement of claim was not amended, and damages in negligence/contract are measured at the time and place of loss under restitutio in integrum; the absence of an affidavit also risked prejudice. On the merits, the court treated the claim as essentially contractual given ECG’s statutory function under N.L.C.D. 125, and acknowledged a duty to ensure safe, reasonable supply. However, Hasnem failed to prove any pleaded particulars of negligence or causation linking the cable fault to equipment damage, and res ipsa loquitur was inapplicable where the cause was known. Settlement discussions did not amount to admission and were without prejudice. Special damages and loss of use were not adequately pleaded or proven. ECG’s counterclaim alleging overloading likewise failed for lack of proof. The action was dismissed, as was the counterclaim, with each party bearing its own costs on the merits and ¢3,000 costs awarded to ECG on the amendment application.