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KAGUIN ENTERPRISE (GHANA) LIMITED V. UMARCO (GHANA) LIMITED

(2000) JELR 68181 (SC)

Supreme Court  •  CIVIL APPEAL NO. 10/99  •  12 Jul 2000  •  Ghana

Coram
Ampiah J.S.C. ,Adjabeng J.S.C.,Acquah J.S.C.,Atuguba J.S.C,Ms. Akuffo J.S.C.

Judgement

AMPIAH, J.S.C.: It is unfortunate that I have to disagree with my esteemed brothers and sister on their conclusion in this appeal. However, I feel it is extremely desirable that there should be no doubt in the mercantile world with regard to legal principles that have long been recognised.

The facts in this case briefly are that the Plaintiffs as IMPORTERS [a fact which the trial Court found], imported into this country a quantity of rice for sale, from Cargill International S.A. The consignment which was carried in the ship MV OCEAN VOICE was covered by an Invoice dated June 15th 1989 [this was tendered as Exhibit "B"]. The goods arrived at the Tema Harbour around August, 1989. The Plaintiffs having been given the relevant documents, including a BILL OF LADING [in a set of six], which was endorsed to them, took step to take delivery of the goods. They engaged the services of the Ghana Ports and Harbour Authority for stevedoring and shore handling for which payment they could not settl…

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