[2006]DLSC2421 • November 15, 2006 • Supreme Court •
GHANA PORTS & HARBOURS AUTHORITY CAPTAIN ZEIM vs. NOVA COMPLEX LTD
The appellants, Ghana Ports and Harbours Authority (GPHA) and Captain Zeim, the Harbour Master, were sued by the respondents, Nova Complex Ltd, owners of vessels M V Nova VII and M V Nova VIII, for compensation due to the alleged negligent or unlawful beaching of M V Nova VIII. The vessel was beached by the defendants on the grounds that it was listing heavily and posed a danger of sinking and obstructing the port. The trial court found the vessel did not list and was beached in error. The Court of Appeal affirmed liability but reduced damages. Both parties appealed to the Supreme Court.
read moreMRS. WOOD, J.S.C.: This is an appeal against the unanimous decision of the Court of Appeal. The first appellant, Ghana Ports and Harbours Authority, is the statutory body charged under the laws of Ghana with the management and control of all harbours and ports facilities in this country; while Captain Zeim, the second appellant, is the Master in charge of the Tema Main Port and Fishing Harbour. Nova Complex Ltd, the respondents, are the registered owners of the M V Nova VII and the M V Nova VIII, the subject-matter of these proceedings. At the date of the events which triggered this action, the vessels were berthed at different locations. The M V Nova VII was berthed at the Tema Fishing Harbour, while the sister ship, the MV Nova VIII, was berthed at the Shipyard and Dry-dock of the Tema Port. On 18 May 2001, the respondents (hereinafter called the plaintiffs) sued the appellants (hereinafter called the defendants) for compensation arising out of the alleged negligent or unlawf...