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GHANA PORTS AND HARBOURS AUTHORITY
V.
ARMAH

(2000) JELR 70006 (CA)

Court of Appeal 30 Mar 2000 Ghana
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- The case involves a dispute over the salvage of a vessel that sank at sea. - The trial judge found in favor of the respondent and awarded damages. - The appellants appealed on several grounds, including that they were not under a mandator

Case Details

Judges:WOOD JA,BROBBEY JA,TWUMASI JA
Counsel:ASARE DARKU FOR THE APPELLANT; OSEI AIDOO (WITH HIM CHARITY ASAMOAH) FOR THE RESPONDENT.
Other Citations:[1999-2000] 2 GLR 845

JUDGMENT

Wood JA.

The respondent’s vessel developed a leakage while at sea. The fishermen, however, succeeded, according to them, in bringing it to and securing it at the breakwaters. They then sought assistance from the harbour master, Captain Ziem, who is an employee of the appellant authority. The respondent, contending however that on the following day the harbour master unlawfully removed the said vessel and dumped it, sued his masters for the current value of the vessel, the four trawling nets and the two heavy duty batteries in it. Also claimed was lost earnings from June1992 to the date of judgment. The picture presented by the respondent of a near-perfect vessel moored to the breakwaters, but which was, without any lawful justification, removed and thrown away, was denied by the appellants who are statutorily charged with the control and management of ports and harbours in Tema, and Takoradi. In their defence, they first deny that the vessel was secured at the breakwaters. They…

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