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GHANA PORTS & HARBOURS AUTHORITY & ANOR v. NOVA COMPLEX LTD

November 15, 2006

SUPREME COURT

GHANA

CORAM

  • MRS. WOOD, J.S.C. (PRESIDING)
  • BROBBEY, J.S.C.
  • ANSAH, J.S.C.
  • ANINAKWAH, J.S.C.
  • MRS. ADINYIRA, J.S.C

Areas of Law

  • Tort Law
  • Maritime Law
  • Evidence Law
  • Civil Procedure
  • Administrative Law

AI Generated Summary

The Supreme Court of Ghana reviewed a dispute between Ghana Ports and Harbours Authority (GPHA) and its Harbour Master, Captain Zeim, on one side, and Nova Complex Ltd, owner of the trawlers M V Nova VII and M V Nova VIII, on the other. Nova Complex alleged GPHA unlawfully and negligently beached M V Nova VIII near Tema’s dry dock; GPHA countered that the vessel was listing dangerously and had to be removed for maritime safety. The Court held that the presumption of regular official action under the Evidence Act was rebuttable and, on the record, rebutted by plaintiffs’ evidence that the vessel was seaworthy and not in imminent danger. Zeim’s next-day admission was admissible as res gestae. The Court affirmed liability, set aside speculative indemnity damages, fixed replacement value at US$600,000 plus proven dry-dock repair costs, reduced loss-of-use to US$900,000, awarded interest on replacement value, and increased costs to ¢50,000,000, dismissing the appeal subject to these variations.