[2000]DLSC329 • July 12, 2000 • Supreme Court •
KAGUIN ENTERPRISE (GHANA) LTD vs. UMARCO (GHANA) LTD
Kaguin Enterprise (Ghana) Ltd imported a consignment of rice from Cargill International SA, shipped on MV Ocean Voice, with a bill of lading indicating 'To Order' as consignee and Kaguin as notify party. Upon arrival at Tema Harbour, Kaguin engaged Umarco Ghana Ltd for clearing and warehousing services and paid for these services. However, Umarco released only part of the rice to Kaguin, refusing to release the remainder citing instructions from Cargill International. Kaguin sued Umarco claiming ownership, delivery of the goods, accounting, and damages for conversion. The trial court ruled in favor of Kaguin, but the Court of Appeal reversed the decision. Kaguin appealed to the Supreme Court.
read moreJUDGEMENT Ampiah JSC. It is unfortunate that I have to disagree with my esteemed brothers and sister on their conclusion in this appeal. However, I feel it is extremely desirable that there should be no doubt in the mercantile world with regard to legal principles that have long been recognised. The facts in this case briefly are that the plaintiffs as importers (a fact which the trial court found), imported into this country a quantity of rice for sale, from Cargill International SA. The consignment which was carried in the ship MV OCEAN VOICE was covered by an invoice dated 15 June 1989 (this was tendered as exhibit B). The goods arrived at the Tema Harbour around August 1989. The plaintiffs, having been given the relevant documents, including a bill of lading (in a set of six) which was indorsed to them, took step to take delivery of the goods. They engaged the services of the Ghana Ports and Harbour Authority for stevedoring and shore handling for which payment they could ...