GHANA PORTS AND HARBOURS AUTHORITY vs. ARMAH

JUDGEMENT Wood JA. The respondent’s vessel developed a leakage while at sea. The fishermen, however, succeeded, according to them, in bringing it to and securing it at the breakwaters. They then sought assistance from the harbour master, Captain Ziem, who is an employee of the appellant authority. The respondent, contending however that on the following day the harbour master unlawfully removed the said vessel and dumped it, sued his masters for the current value of the vessel, the four trawling nets and the two heavy duty batteries in it. Also claimed was lost earnings from June1992 to the date of judgment. The picture presented by the respondent of a near-perfect vessel moored to the breakwaters, but which was, without any lawful justification, removed and thrown away, was denied by the appellants who are statutorily charged with the control and management of ports and harbours in Tema, and Takoradi. In their defence, they first deny that the vessel was secured at the breakwa.....