SYLVANUS JUXON-SMITH v. K.L.M. ROYAL DUTCH AIRLINES
2004
COURT OF APPEAL
GHANA
CORAM
- Omari-Sasu, J.A. Presiding.
- J.B. Akamba, Justice of Appeal
- Tweneboa-Kodua, Justice of Appeal
Areas of Law
- Aviation Law
- Contract Law
- Evidence Law
- Civil Procedure
2004
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per J.B. Akamba JA, heard an appeal from the Accra Fast Track High Court’s judgment delivered by Justice Julius Ansah, J.A. The plaintiff, CEO of Trans Africa (2000) Ltd, was refused boarding at Kotoka International Airport on a confirmed business-class ticket for a London-bound flight, after a check-in agent first claimed excess baggage and then invalidity of the ticket, while other passengers were processed. He later verified the KLM ticket’s validity and flew to London, claiming he lost a lucrative Brussels contract due to the prior refusal. On appeal, the court excluded several foreign documents under NRCD 323 but found the trial judge relied on proper legal evidence. Applying Hadley v Baxendale and Livingstone v Rawyards, it held Brussels losses were too remote and unproven, affirmed wrongful refusal to carry, reduced general damages to USD 5,000 for injury to feelings, reduced costs to four million cedis, and made no order as to appeal costs; Omari-Sasu JA and Tweneboa-Kodua JA concurred.
JUDGMENT
J. B. AKANMA, J.A
This appeal comes from the Accra Fast Track High Court and it is against the judgment delivered on 17th June 2003 by Julius Ansah, J.A, sitting as an additional judge of the High Court.
The plaintiff/respondent (hereinafter referred to simply as plaintiff) issued a writ of summons on 13th of December 2002 against the defendant/appellant (hereinafter referred to as the defendant) in the Fast Track High Court Accra, claiming the following:
"(1) Plaintiff claim against the defendant is for payment of $600,000 US dollars or its cedi equivalent being general damages for deliberate prevention of the plaintiff by the defendant from boarding defendant's airline which occasioned defendant's loss of lucrative contract in Brussels.
(2) Costs."
The facts relied upon by the plaintiff to mount his action are briefly that the plaintiff is a businessman and chief executive officer of Trans Africa (2000) Ltd. Plaintiff resides mostly in London but shuttles between that city and Accra and other parts of the world to attend to his business. The defendant on the other hand is an international airline company with an office in Accra. The plaintiff travelled by a business class ticket from London to Accra aboard the defendant's airline. On 15th July 2002, plaintiff reported at Kotoka International Airport to embark on his return journey to London. At 7:30 pm on that 15/7/2002 plaintiff proceeded to the defendant's check in counter, where the defendant's staff, a lady, asked him (plaintiff) to place his luggage on the weighing scale to which he complied. The defendant's staff upon looking at the scale said the plaintiff had excess baggage. The plaintiff said he responded by telling the defendant's staff that she should have first observed his class of ticket before saying he had excess baggage. As a result, the defendant's staff requested for the ticket and after examining it, told the plaintiff that his ticket was not valid. This prompted the plaintiff to point out that he had travelled from London by the same ticket and being an open ticket he was now using the out bound to fly back to London and that he confirmed his flight from defendant's partnership hotel (Golden Tulip). The defendant's staff, apparently infuriated by the plaintiff's explanations responded that the plaintiff should not tell her how to do her job and that the ticket was not valid, thereby triggering some arguments. According to the plaintiff, in the course of the arguments h