[1993]DLSC748 • December 7, 1993 • Supreme Court •
GHANA PORTS AND HARBOURS AUTHORITY vs. ISSOUFOU
The plaintiff, a citizen of Burkina Faso and importer of rice, shipped a consignment of rice from Pakistan to the Port of Tema, Ghana. Upon discharge and storage at the Ghana Ports Authority transit shed, 1,412 bags of rice were short delivered. Both Ghana Cargo Handling Co Ltd and Ghana Ports Authority denied liability, blaming each other. During the suit, the two entities merged into the Ghana Ports and Harbours Authority, which was then made the defendant. The plaintiff claimed the value of the missing rice plus interest and other charges.
read moreJUDGMENT 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 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...