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MABBS CO. LTD. V. RORO SERVICES (GHANA) LTD. AND ANOTHER

(1988) JELR 68161 (HC)

High Court  •  5 May 1988  •  Ghana

Coram
PIESARE Ag. J.

Judgement

PIESARE AG. J.

The plaintiff took this action against the defendants claiming:

(1). A declaration that the plaintiff is entitled to have the goods covered by the bills of lading numbers K.C.L.424A. and 424B delivered to them;

(2). An order directing the defendants to deliver the goods covered by the bills of lading numbers K.C.L.424A. and 424B; and

(3). Perpetual injunction restraining the defendants, their agents, servants and privies from delivering the said goods to persons other than the plaintiff.

After the addresses on 29 April 1988, I dismissed the claim with ¢20,000 costs to each defendant against the plaintiff. The interim injunction order was also discharged. I now proceed to give my reasons.

The plaintiff, Mabbs Co. Ltd. (hereinafter to be referred to simply as Mabbs) is a private company registered as such and doing business in Ghana. The defendants are shipping agents. Some time in October and December 1987, the plaintiff and Madero Trading Incorporated of Tampa, Florida, USA (…

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