MENERGY INTERNATIONAL GH. LTD. vs HAPAGLLOYD & ANOR

This High Court judgment by Justice George K. Koomson arises from a cargo damage dispute involving frozen food shipped by the 1st Defendant via the vessel MOL VOLTA to Ghana’s Tema Port, with the 2nd Defendant operating the terminal. After discharge on 14 March 2012, the refrigerated container was stored at the 2nd Defendant’s terminal, where a survey later found it had been unplugged for 72 hours due to negligence by terminal personnel. The Plaintiff sought USD 95,870.48 for import costs and damages. The 1st Defendant objected, invoking clause 25 of the bill of lading to require German law and Hamburg Court jurisdiction, and argued the Plaintiff lacked capacity because Discovery Spirit was named consignee. The court held clause 25 governs disputes arising during carriage and was inapplicable to post‑discharge damage. Applying Hamburg Rules and Ghana’s Courts Act, it found Ghanaian jurisdiction. On capacity, mercantile custom, BOL endorsement, and Defendants’ conduct established the Plaintiff’s standing. Objections were overruled and costs awarded.