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Maersk Ghana Limited v. JEMT Company Limited

2012

COURT OF APPEAL

GHANA

CORAM

  • Mariama Owusu, J.A. (Presiding)
  • Irene C. Danquah, J.A.
  • Senyo Dzamefe, J.A.

Areas of Law

  • Civil Procedure
  • Evidence Law
  • Commercial Law
  • Contract Law
  • Tort Law

AI Generated Summary

Justice Mariama Owusu J.A. delivered the Court of Appeal’s judgment dismissing the defendant shipping company’s appeal from a High Court decision awarding GH¢486,000 plus interest and costs to the plaintiff importer. The plaintiff imported 540 boxes of Bagrationi sparkling wine in a reefer container bonded at the Tema port while arranging payments. After paying Customs duties and Maersk Line charges in March 2004, the container could not be found. In February 2005, the appellant sent a final auction notice but, before the 21-day period expired, wrote to CEPS seeking urgent destruction of the cargo while misdescribing the contents as expired frozen chicken. Documentary evidence and admissions under cross-examination established that the misdescription and contradictory steps were aimed at retrieving the container “back into its flow,” supporting the trial court’s conclusion of misappropriation and responsibility for the disappearance. The Court of Appeal held that failure to call CEPS was not fatal because the quality of evidence and admissions sufficed. It affirmed the High Court’s decision and dismissed all grounds of appeal.

JUDGMENT