GHANA PORTS & HARBOURS AUTHORITY vs. ETS KABORE ISSOUFOU

The respondent, a Burkinabè trader and sole proprietor doing business under the name ETS Kabore Issoufou, imported rice from Pakistan in April 1980. The cargo arrived at Tema and was discharged into the transit shed/stocking area under the control of the port authorities. On delivery, 1,412 bags were short-delivered. The original defendants, Ghana Cargo Handling Co. Ltd and Ghana Ports Authority, each denied responsibility and blamed the other. The respondent sued for the value of the missing rice, customs duty, handling charges, and interest. Portion of judgment: “The rice was shortdelivered by 1412 bags, and as both the Ghana Cargo Handling Co Ltd and the Ghana Ports Authority denied liability the plaintiff issued a writ against them for recovery of the rice shortdelivered.”

ARCHER CJ, AMUA-SEKYI JSC, AIKINS JSC, WIREDU JSC , BAMFORD-ADDO JSC, HAYFRON-BENJAMIN JSC, AMPIAH JSC ARCHER CJ. I have read beforehand the opinion prepared by my brother Aikins JSC and I agree with his reasoning and his conclusion that the respondent is entitled to the remedies he seeks. My brother Hayfron-Benjamin JSC has also placed at my disposal his contribution with which I agree and I have nothing to add. AMUA-SEKYI JSC. I agree that the appeal of the defendants be dismissed and the application of the plaintiff for a variation of the judgment be allowed. AIKINS JSC. This appeal is from the concurrent judgments of the High Court and the Court of Appeal upholding the claim of the plaintiff, as against the defendants, for the value of 1412 bags of rice at $36.54 per bag short-delivered plus interest of 16%. It is significant to observe, however, that almost all the arguments urged before this court were canvassed in the Court of Appeal, thereby raising a number of legal issues ...