JOHN HOLT SHIPPING SERVICES vs. EDWARD NASSAR & CO., LTD [COURT OF APPEAL]

The respondents, Edward Nassar & Co., Ltd., imported twenty cases of Handy Plast Strips from Hamburg for delivery at Takoradi. The appellants, John Holt Shipping Services, were the agents for the carriers, the Guinea Gulf Line Limited. The goods were shipped from Hamburg on the boat Elizabeth Holt and arrived at Takoradi harbour on 24 March 1962. At the time of the arrival of the goods at Takoradi, the bill of lading, which constituted the legal title of the respondents to the goods, had not been received. Later when the respondents were in possession of the bill of lading, they called for the delivery of the goods, but the goods could not be traced in the public warehouse at Takoradi harbour. There was a clear evidence that the goods were safely unloaded from the Elizabeth Holt into the public warehouse. The police investigated the alleged loss and instituted criminal proceedings against certain persons for stealing the goods. All of the accused were acquitted. Thereupon, the respo...