ASSAD FAKHRY AND SONS vs. GHANA UNION ASSURANCECOMPANY LTD. [1979]DLHC1038

Date	1979-12-10
Suit No.
Citation No.	[1979]DLHC1038

AMUA-SEKYI J.

R. E. BANNERMAN (MRS. FELICIA GBESEMATE WITH HIM) FOR THE PLAINTIFFS.

E. D. KOM (GBEHO WITH HIM) FOR THE DEFENDANTS.

[1979]DLHC1038
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													<main id="main" class="content" style="min-height: 60rem" >ASSAD FAKHRY AND SONS <o:p></o:p>vs. <o:p></o:p>GHANA UNION ASSURANCECOMPANY LTD.<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>&nbsp;[1980] GLR 704<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
12 OCTOBER 1979<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

R. E. BANNERMAN (MRS. FELICIA GBESEMATE WITH HIM)
FOR THE PLAINTIFFS.<o:p></o:p>

E. D. KOM (GBEHO WITH HIM) FOR THE DEFENDANTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

AMUA-SEKYI J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AMUA-SEKYI J.<o:p></o:p>On or
about 4 January 1977, M. van Delden &amp; Co., a company based in the Federal
Republic of Germany, sold to one Mousa of Manchester, England, 366 bales of
printed and knitted material. At the request of the buyer the bales were sent
to Rotterdam, Holland, for export on the merchant vessel Hiddensee under bill
of lading No. 8. The consignee was given as “Order”; and the destination of the
goods as Lagos via Tema. When the ship arrived at the Port of Tema, Parkobi Agencies
Ltd., acting as agents of Sally Trading Enterprise, procured the landing of the
goods under bill of entry No. 4529. Thereon, the name of the importer was given
as Sally Trading Enterprise, and the goods described as “polyester fabrics
seconds.”<o:p></o:p><o:p>&nbsp;</o:p>On or
about 10 January 1977, Ribbletex, a company based in Bradford, England, sold to
Concord Yarns Ltd., another English company, 80 bales of printed polyester
fabrics. At the request of the buyers the bales were sent to Tilbury Docks,
London, for export on the merchant vessel Ilorin Palm under bill of lading No.
3901. The consignees were Sally Trading Enterprise. When the goods arrived at
the Port of Tema, Parkobi Agencies Ltd., acting as agents of Sally Trading
Enterprise, the importers, caused to be prepared bill of entry No. 4531 to
cover the goods which were duly landed. They were described as “printed
polyester fabrics seconds.”<o:p></o:p><o:p>&nbsp;</o:p>On 6
April 1977, the plaintiffs herein proposed to insure the consignments imported
into this country by Sally Trading Enterprise with the defendants. By then, the
446 bales were in a warehouse on the premises of Ghana Rubber<o:p></o:p>

Products
Ltd. at Ring Road West Industrial Area, Accra. Exhibit A is the proposal for
fire insurance. In it the plaintiffs described themselves as general merchants
and wholesalers. Under the heading, “property to be insured,” the plaintiffs
indicated that the property was stock or materials in trade, and that the sum
to be insured was ¢2.5 million. Against the words “stock or materials in
trade,” which are in print, are the following words, descriptive of such
property, also in print: “the property of the proposer or held by him in trust
or on commission for which he is responsible.” The defendants accepted the
proposal, and on 1 June 1977 issued a fire policy to give the plaintiffs cover
for the period 6 April 1977 to 6 April 1978. In the policy, which was admitted
in evidence as exhibit C, the property insured is described as stock of
textiles, and the sum insured is given as ¢2.5 million. There is also a statement
that the policy is in accordance with a proposal dated 6 April 1977 which had
been lodged with the defendants.<o:p></o:p><o:p>&nbsp;</o:p>There is
evidence that while the goods were in the warehouse, Sally Trading Enterprise
sold 171 bales to the Ghana National Trading Corporation. The sale was covered
by invoice No. 014 dated 29 April 1977 and waybill No. 015 dated 2 May 1977.
There is also evidence that the plaintiffs, too, issued their waybills Nos.
11044 and 11046 dated 25 April 1977, No. 11047 dated 29 April 1977 and No.
11048 dated 2 May 1977 in respect of the 171 bales. The numbers of these latter
waybills are recorded on Sally Trading Enterprise invoice No. 014. On the
plaintiffs’ waybills it is indicated that the bales were despatched to
“G.N.T.C. per S.T.E.” “Per” is, of course, Latin, and means “by” or “through”
in the sense in which the word “through” signifies “by means of.” In this
context, I take the words “goods despatched to G.N.T.C. per S.T.E.” to mean
that the goods were despatched to the Ghana National Trading Corporation by
Sally Trading Enterprise. The description of the goods on the plaintiffs’
waybills, as on the invoice and waybill of Sally Trading Enterprise, is that
they are printed crimplene. It is also indicated on the plaintiffs’ waybills
that the bales formed part of the consignment imported into the country on the
vessel Hiddensee.<o:p></o:p><o:p>&nbsp;</o:p>