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GHANA PORTS AND HARBOURS AUTHORITY
V.
ISSOUFOU

(1993) JELR 68074 (SC)

Supreme Court 7 Dec 1993 Ghana
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- The judgment involves a dispute over the delivery of rice at the Port of Tema in Ghana. - The plaintiff is found to have the capacity to sue and the defendants are held liable for the loss of the goods. - The court concludes that there wa

Case Details

Judges:ARCHER CJ JSC, AMUA-SEKYI JSC, AIKINS JSC, EDWARD WIREDU JSC, BAMFORD-ADDO JSC, CHARLES HAYFRON-BENJAMIN JSC, AMPIAH JSC
Counsel:NANA AKUFO-ADDO FOR THE DEFENDANT-APPELLANTS; ENOCH KOM (WITH HIM Y O OBENG) FOR THE PLAINTIFF-RESPONDENT.
Other Citations:[1993-94] 1 GLR 24, (1993) JELR 66995 (SC)

JUDGMENT 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.

JUDGMENT 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.

JUDGMENT AIKINS JSC

This appeal is from the concurrent judgment of the High Court and the Court of Appeal upholding the claim of the plaintiff, as against the defendants, for the value of 1,412 bags of rice at $36.54 per bag short delivered plus interest of sixteen per cent. 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 for determination by this court, namely

(1) the capacity of the plaintiff…

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