MAERSK GHANA LIMITED v. B. T. L. LIMTED
2021
SUPREME COURT
GHANA
CORAM
- YEBOAH, CJ (PRESIDING)
- MARFUL-SAU, JSC
- AMEGATCHER, JSC
- OWUSU (MS.), JSC
- AMADU, JSC
Areas of Law
- Maritime Law
- Contract Law
- Tort Law
- Civil Procedure
2021
SUPREME COURT
GHANA
CORAM
AI Generated Summary
BTL Ltd, a Ghana-based exporter of non-traditional foods, contracted a Tema shipping line to transport 1,030 boxes of fresh yams in a refrigerated container to the United States. During Pre-Trip Inspection at Meridian Port Services, the reefer malfunctioned and the carrier transferred the yams to another refrigerated unit without BTL’s presence, later refusing access as the area was restricted. The shipment arrived in the USA spoiled. BTL sought redress, and the High Court awarded damages. The Court of Appeal dismissed the carrier’s appeal on liability but reduced and mislabelled damages as nominal, prompting further appeal and cross-appeal. Before the Supreme Court, the carrier contested BTL’s capacity under the Bills of Lading Act and the damages quantum; BTL sought recognition of proven special damages and proper damages categorization. The Supreme Court affirmed consignor capacity, restated the law distinguishing nominal and substantial damages, corrected the mislabelling, awarded US$12,637.86 special and US$20,000 substantial general damages, ordered interest from 1 February 2010, and granted costs.
JUDGMENT
AMEGATCHER JSC:-
1. This is a maritime dispute which has travelled from the High Court through the Court of Appeal and now before the Supreme Court. In this court, the maritime aspect has, to a considerable extent, been reduced into a procedural matter of capacity to sue and the quantum of damages awarded for damage to perishable cargo.
2. The Plaintiff/Respondent/Respondent (hereafter referred to as the Respondent) instituted this matter against the Defendant/Appellant/Appellant (hereafter referred to as the appellant) on 28th June 2010, seeking the following reliefs endorsed on the Writ of Summons and Statement of Claim:
a. Specific damages in the sum of Forty – Six Thousand Three Hundred and Fifty dollars ($46,350.00) to be paid by Defendant to Plaintiff being the cost of 1,030 boxes of fresh yams, the freight, clearing and handling charges in the USA.
b. Interest on the said sum of Forty-Six Thousand Three Hundred and Fifty dollars ($46,350.00) at the commercial bank lending rate of interest from 1st February 2010 to and inclusive of the final date of payment.
c. General damages for the inconvenience, pain, distress and loss of customers and income to Plaintiff resulting from not fulfilling their contractual obligations to their customers because of Defendant’ negligence and resultant damage.
d. Cost
3. The respondent is a limited liability company set up under the Companies Act and engages in the export of non – traditional foodstuffs to the United States of America (USA) while the appellant is a shipping line based in the port of Tema, Ghana. The respondent contends that since 2002 it has engaged the services of the appellant in shipping its goods to the USA and had so far shipped over one hundred, 40-footer containers through the appellant. On 5th January 2010, respondent contracted the appellant to ship 1,030 boxes of fresh yams in a 40-footer refrigerated container to the USA. The appellant brought the refrigerated container to the respondent in Accra on 11th January 2010, where the boxes of fresh yams were loaded, and the container returned to the Meridian Port Services at the Tema Port on 12th January 2010. At the Port, while the container was undergoing a Pre-Trip Inspection (PTI), the reefer technician noticed that the reefer unit of the container had malfunctioned and sent a message to the appellant requesting for another refrigerated container to transfer the boxes of fresh yams. The respondent says that it later received