Shiristar Container Transport Ltd v Ashanti Goldfields Company Ltd and another

ADJABENG JA. On 9 July 1990, the plaintiff-appellant herein took action against the defendants-respondents at the High Court, Accra, and claimed as follows:

"The plaintiff's claim is against the defendants jointly and severally for wrongfully depriving the plaintiff of 23 containers and refusing to deliver same up to the plaintiff and converting the containers to their own use and for damages."

In paragraphs 12, 13 and 14 of the statement of claim, which was, filed subsequently, the plaintiff averred as follows:

"12. In consequence of such conversion the plaintiff was prevented from leasing out its shipping containers and its interest in them and lost all the income that it would have received for the same and has incurred considerable expenses in conducting correspondence and sending agents from the United Kingdom for the release of the containers.

1. The value of the said 23 containers (ie the depreciated replacement value) as at August 1984, was sixty five thousand two hundred and seventy nine pounds and the plaintiff claims additionally interest on that amount at the rate currently charged by the commercial banks.

2. Wherefore the plaintiff claims the amount stated or indicated in the last two paragraphs and damages from the defendants jointly and severally."

The defendants, in their statements of defence, denied that they were liable to the plaintiff's claim. In the trial that ensued, however, only the 1st defendants took part. The 2nd defendant did not attend the trial. During the addresses, counsel for the 1st defendant corporation, according to the trial judge, "conceded that since the second defendant did not participate in the proceedings it would be futile if he persisted in his stand that the first defendants were not liable. He therefore submitted that the only issue left for determination of the court as between the plaintiff and the first defendants be the assessments of damages." The trial judge made the following determination:

"It seems therefore that in determining the depreciated value of the containers the time we have to take into account would be 1989 when the first defendants committed the trespass complained of. Therefore going by exhibit 1 which was tendered in evidence by test defendants I am of the view that taking into account world inflationary trends, which I take judicial notice of £700 per each container would be a fair measure of wha