JIAGGE J.A.: The Nichenen Co., Ltd. of Tokyo, Japan shipped 108 steel envelopes of galvanised iron sheets valued at US $49,769.75 to Tema on the Straat Freedom, a vessel belonging to the first defendant company. The goods were consigned on the bill of lading to Banque Libane Francaise registered in Lebanon. The consignee endorsed the bill of lading to the first plaintiff who in turn endorsed it to the second plaintiff through the Standard Bank of Ghana Ltd.
On presentation of the bill of lading by the second plaintiff it was discovered that the first defendant had already released the goods to Alfa Enterprises Ltd., a company indicated on the bill of lading as notifying party. The third defendant signed an indemnity of ¢5,000 for the release of the goods which were subsequently traced to the second and fourth defendants.
The second defendant averred in his defence that he had purchased the goods from Alfa Enterprises Ltd. The fourth defendant in his defence, denied that he ever purchas…