KAGUIN ENTERPRISES LTD vs. UMARCO (GHANA) LTD

JUDGMENT OF FORSTER JA. Kaguin Enterprises Ltd and Umarco are both companies incorporated under the laws of Ghana. In or about July 1989, Kaguin (hereinafter called the respondents) imported some 4,659.014 metric tonnes of rice from Cargill International, a company registered in Antigua. When the rice arrived in Ghana the whole lot was received by Umarco (hereinafter referred to as the appellants) and stored in the custom bonded warehouse at Tema. There was evidence that Umarco group of companies worked with Cargill International worldwide. The appellants subsequently released only 700 metric tonnes (14,000 bags) of the rice to the respondents. The respondents therefore sued out a writ against the appellants at the High Court, Accra. They claimed the following reliefs: “(1) A declaration that the plaintiff is the owner consignee of 4,659.014 metric tonnes of rice imported from Cargill International, SA Antigua in or about July 1989. (2) An order upon the defendant to acco.....