GHANA PORTS AND HARBOURS AUTHORITY v. ISSOUFOU

Adjabeng J.A. delivered the lead opinion in a Court of Appeal case arising from a rice importation through the Port of Tema. Kabore Issoufou, trading as E.T.S. Kabore Issoufou, shipped 54,323 bags; 53,800 were landed, but 1,412 bags were not delivered. The plaintiff’s clearing agent notified short delivery and the cargo handler’s own investigation record confirmed the shortfall. On appeal, the Ghana Ports and Harbours Authority (successor to Ghana Ports Authority and Ghana Cargo Handling Co. Ltd. under P.N.D.C.L. 160) challenged the evidentiary findings, argued res ipsa loquitur was misapplied, disputed the plaintiff’s capacity to sue under a business name, and claimed the merger shielded it from liabilities. The court held res ipsa loquitur inapplicable because the dispute sounded in contract, affirmed bailment obligations continuing until delivery, exercised inherent jurisdiction to amend the title to reflect the sole proprietor, and applied Interpretation Act savings and presumption against limiting accrued rights to hold liabilities survived the statutory merger. The appeal was dismissed, with Essiem J.A. and Amuah J.A. concurring.