VANDERPUYE v. PIONEER SHOE FACTORY LTD.

JUDGMENT OF ARCHER J.A.

In 1967, the appellant's agent let a warehouse in a complex of buildings, known as Derby Works, in Accra, to the respondents, manufacturers of shoes and footwear, under an oral agreement at a monthly rent of ¢200. The warehouse was used by the respondents mainly for the storage of manufactured footwear and raw materials like leather, rubber soles and rubber sheets.

On 29 November 1972, at about 6 p.m. fire was detected in the warehouse by residents in the complex and the Fire Brigade was called in. Notwithstanding the efforts of the fire-fighting team, the warehouse together with an annex used as offices (but not let to the respondents) was completely burnt down. The respondents lost all the goods stored in the warehouse. The sparks from the fire damaged property in an adjoining house.

[p.186]

The appellant, as the landlord, then issued a writ of summons at the High Court, Accra, and claimed damages from the respondents for damages caused by the fire to the warehouse and the annex with its contents. The basis for the appellant's claim was summarised in paragraphs (3), (4), (7) and (10) of the statement of claim as:

"(3) In the evening of 29 November 1972, a devastating fire broke out in the said warehouse owing to the defendant-company's negligent storage of quantities of the highly combustible rubber, plastic and artificial leather forming the bulk of the materials used by the defendant-company in its manufactures, or alternatively, owing to the negligent dropping of a lighted cigarette but or match or other burning matter by an employee of the defendant-company in the said warehouse.

(4) Further or in the alternative, assuming but not admitting that the fire was not negligently caused, the defendant-company either unlawfully allowed the fire to escape or was negligent in allowing it to spread northward beyond the said warehouse to an adjoining part of Derby Works known as the 'extension office’.

(7) By failing to remove the unsightly mass of charred remains of rubber, plastics and artificial leather the defendant-company has committed and continues to commit a nuisance of waterlogged rubbish which is breeding mosquitoes and an infestation of rats to the danger and discomfort and annoyance of the plaintiff in the unburnt residential parts of Derby Works.

(10) The defendant-company has unlawfully refused to pay rents since 31 October 1973, on the ground that it has lost the use of the gutted warehouse."

The appellant's ca