Glencore A.G Vrs Volta Aluminum Company Ltd [2015] GHASC 153 (28 January 2015)

Glencore A.G Vrs Volta Aluminum Company Ltd [2015] GHASC 153 (28 January 2015)

The Supreme Court held that the appellant failed to provide sufficient evidence to support an enhanced award of general damages or to prove special damages. The damages claimed were either too remote or not supported by credible evidence. The award of nominal general damages by the trial court, affirmed by the Court of Appeal, was adequate. The appeal was dismissed.

Citation
[2015] GHASC 153
Parties
Plaintiff/appellant: Glencore A.G.; Defendant/respondent: Volta Aluminum Company Limited (VALCO)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
28 January 2015
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
appeal dismissed
Legal Topics
Sale of Goods, Damages for Breach of Contract, Assessment of Damages, Remoteness of Damages
Source Language
English
Contract Law Commercial Law Sale of Goods Damages for Breach of Contract Assessment of Damages Remoteness of Damages

Case Brief

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Parties

Glencore A.G.

Plaintiff/appellant

Volta Aluminum Company Limited (VALCO)

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred in affirming the High Court’s award of general damages on the basis that there were no multipliers in the evidence to guide the assessment of general damages
  2. 2 Whether the consequential loss claimed by the appellant was too remote to warrant the award of special damages
  3. 3 Whether the decision of the Court of Appeal was against the weight of the evidence

Ratio Decidendi

The Supreme Court held that the appellant failed to provide sufficient evidence to support an enhanced award of general damages or to prove special damages. The damages claimed were either too remote or not supported by credible evidence. The award of nominal general damages by the trial court, affirmed by the Court of Appeal, was adequate. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • The award of nominal general damages of GH¢25,000.00 in favour of the plaintiff is affirmed.
  • No special damages are awarded.