YUNGDONG INDUSTRIES LTD. (PLT/RESP/CROSS APP.)
V.
RORO SERVICES (DEFT/RESP.) EUN MONK BANG & ANOR.

(2004) JELR 63687 (CA)    
Court of Appeal  ·  HI/110/2004 ·  28 May 2004 ·  Ghana
CORAM
ARYEETEY JA, ANINAKWAH JA, QUAYE JA
Core Terms Beta
plaintiffs
defendants
goods
counsel
appeal
trial
trial court
trial judge
weight of evidence
co-defendants
ilseki company limited
change of consignee
cross examination of the plaintiff
hanla tyre company limited
high court
issues of fact
bills of lading
case of the co-defendants
co-defendant
consignees of goods
consignment of the goods
consignor companies
containers of goods
contract stand
cross appellants
delivery of the remainder of the goods
first of the grounds of appeal
following grounds
grounds of illegality
high court judgment
imported goods
issue of execution of bills
ltd. fails
main grounds
material fact
name seo kwang
notice of the appeal
order of the court
part of the goods
present appellants
record shows
relevant findings of fact
said banks
said finding
sea act
shippers of the goods
significant pieces of evidence
trial court judgment

QUAYE, JA

The plaintiffs/respondents/cross appellants (herein simply mentioned as plaintiffs) were consignees of goods consigned to them by certain commercial houses in Korea, namely Ilseki Company Limited, Hanla Tyre Company Limited and Leebo Products Limited, who were the consignors. The goods were consigned through two banks in Ghana, the Standard Chartered Bank and the National Investment Bank. The bills of lading were received by the plaintiffs through the said banks upon the issue of execution of bills of exchange of ninety days duration. The plaintiffs accepted the terms of payment and actually cleared part of the goods from the defendants, leaving goods in eighteen containers comprising mainly re-treaded tyres to be collected at a later date. When the plaintiff subsequently approached the defendants/respondents (now simply called the defendants) for the delivery of the remainder of the goods to them, the latter who were agents of the ship owner or shippers of the goods, informe…

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