GHANA PORTS AND HARBOURS AUTHORITY V. ISSOUFOU

ADJABENG J.A.

The action giving rise to this appeal was commenced on 27 March 1981 in the name of “ETS Kabore Issoufou” as the plaintiff. The plaintiff was described in the amended statement of claim as “a company incorporated in Burkina Faso.” Originally, the plaintiff, the respondent herein, sued the erstwhile Ghana Ports Authority and Ghana Cargo Handling Co. Ltd. jointly and severally. The claim was “for the value of 1,412 bags of rice belonging to the plaintiff which were lost while in the custody of the defendants”. This claim was subsequently amended on a number of occasions, and the final indorsement on the writ of summons reads as follows:

(i). “$283,507.94 being the value of 3,403 bags of rice at $36.54 per bag, i.e. ¢52,732.476 (inclusive of 16% interest).

(ii). Customs duty, handling charges, ports rents and clearing agents fees together with 26% interest on 3,403 bags of rice paid but undelivered - ¢50,731.64.”

The Ghana Ports Authority was at the time responsible for the ad…