Customer Support

GHANA PORTS & HARBOURS AUTHORITY AND CAPTAIN ZEIM
V.
NOVA COMPLEX LTD.

(2006) JELR 84053 (SC)

Supreme Court 15 Nov 2006 Ghana
BriefBot icon

BriefBot Summary

Free

- The Supreme Court held that the presumption of regularity for official acts (Evidence Act 1975, s.37) is rebuttable, and on the evidence, the beaching of MV Nova VIII by the Ghana Ports and Harbours Authority was not justified; liability

Case Details

Suit Number:CIVIL APPEAL NO. J4/1/2006
Judges:WOOD, J.S.C., BROBBEY, J.S.C., ANSAH, J.S.C., ANINAKWAH, J.S.C., ADINYIRA, J.S.C.
Other Citations:[2006] GLR, (2006) JELR 68399 (SC)

JUDGMENT

MRS. 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 unla…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.