GH - GHANA PORTS AND HARBOURS AUTHORITY v. ISSOUFOU

JUDGMENT ARCHER CJ

I have read beforehand the opinion prepared by my brother Aikins JSC and I agree with his reasoning and his conclusion that the respondent is entitled to the remedies he seeks. My brother Hayfron-Benjamin JSC has also placed at my disposal his contribution with which I agree and I have nothing to add.

JUDGMENT AMUA-SEKYI JSC.

I agree that the appeal of the defendants be dismissed and the application of the plaintiff for a variation of the [p.32] judgment be allowed.

JUDGMENT AIKINS JSC.

This appeal is from the concurrent judgment of the High Court and the Court of Appeal upholding the claim of the plaintiff, as against the defendants, for the value of 1,412 bags of rice at $36.54 per bag short delivered plus interest of sixteen per cent. It is significant to observe, however, that almost all the arguments urged before this court were canvassed in the Court of Appeal, thereby raising a number of legal issues for determination by this court, namely (1) the capacity of the plaintiff to sue, (2) the liability of the defendants for the loss of the goods short delivered; (3) whether there was a subsisting contract between the parties within the meaning of section 7 of the Ghana Ports and Harbours Authority Law, 1986 (PNDCL 160), and (4) whether or not the goods were in transit to attract the application of the Customs Regulations, 1976 (LI 1060).

The facts of the suit are straightforward. In April 1980 the plaintiff, a citizen of Burkina Faso, imported a quantity of rice from Pakistan. The rice was shipped per MV Gulf Heron, and on arrival at the Port of Tema it was discharged by the Ghana Cargo Handling Co Ltd into the transit shed stocking area of the Ghana Ports Authority, Tema. The rice was short delivered by 1,412 bags, and as both the Ghana Cargo Handling Co Ltd and the Ghana Ports Authority denied liability, the plaintiff issued a writ against them for recovery of the rice short delivered. Both defendants put the blame for short delivery on each other.

However, in June 1986 while the suit was pending, PNDCL 160 was promulgated merging the two defendant-institutions and the Takoradi Lighterage Co Ltd into one body corporate named Ghana Ports and Harbours Authority. As a result, the title of the suit was amended to make the Ghana Ports and Harbours Authority the defendants.

After an exhaustive examination of the facts and the law involved in this case, the learned trial High Court judge gave judgment for the plaintiff for the va

JUDGMENT ARCHER CJ

JUDGMENT AMUA-SEKYI JSC.

I agree that the appeal of the defendants be dismissed and the application of the plaintiff for a variation of the [p.32] judgment be allowed.

JUDGMENT AIKINS JSC.

After an exhaustive examination of the facts and the law involved in this case, the learned trial High Court judge gave judgment for the plaintiff for the va

GHANA PORTS AND HARBOURS AUTHORITY v. ISSOUFOU

Areas of Law