Kwadwo Vrs Speedline Stevedoring Company Ltd. [2018] GHASC 61 (12 December 2018)

Kwadwo Vrs Speedline Stevedoring Company Ltd. [2018] GHASC 61 (12 December 2018)

The plaintiff failed to strictly prove special damages for the value of the goods as required by law; invoices alone were insufficient proof. The Court of Appeal was correct to set aside the High Court's award and substitute nominal damages based on the customs reassessment value. The principal is liable for the agent's customs declaration.

Citation
[2018] GHASC 61
Parties
Plaintiff/respondent/appellant: EssEney Socrates Kwadjo (suing per his lawful attorney Mr. Enoch Kessinu); Defendant/appellant/respondent: Speedline Stevedoring Co. Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
12 December 2018
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Negligence, Special Damages, Agency, Evidence, Assessment of Damages
Source Language
English
Tort Contract Negligence Special Damages Agency Evidence Assessment of Damages

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Parties

EssEney Socrates Kwadjo (suing per his lawful attorney Mr. Enoch Kessinu)

Plaintiff/respondent/appellant

Speedline Stevedoring Co. Limited

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the plaintiff strictly proved special damages for the value of goods lost
  2. 2 Whether invoices alone are sufficient proof of payment and value
  3. 3 Whether the principal is liable for the acts of his agent in customs declarations

Ratio Decidendi

The plaintiff failed to strictly prove special damages for the value of the goods as required by law; invoices alone were insufficient proof. The Court of Appeal was correct to set aside the High Court's award and substitute nominal damages based on the customs reassessment value. The principal is liable for the agent's customs declaration.

Court Disposition

appeal dismissed

Orders

  • Judgment and orders of the Court of Appeal affirmed
  • Plaintiff awarded nominal damages of $9,887.75 as assessed by CEPS