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PAN AFRICAN TRADING CO. AND ANOTHER V. HOLLAND WEST AFRICA AND ANOTHER

(1975) JELR 67020 (HC)

High Court  •  18 Dec 1975  •  Ghana

Coram
EDUSEI J.

Appearances
S. A. X. TSEGAH FOR OKUDZETO FOR THE PLAINTIFFS; ASIAMAH FOR DJABANOR FOR THE CO-DEFENDANTS.,NO APPEARANCE BY OR ON BEHALF OF THE DEFENDANTS.

Judgement

EDUSEI J.: In this case certain galvanised iron sheets were shipped from Tokyo to Tema where the co-defendants took delivery. The plaintiffs say that they were entitled to the said galvanised iron sheets and that it was wrong for the defendants, the carriers, to have delivered them to the co-defendants because according to the bill of lading, they (the plaintiffs) were the owners.

The plaintiffs are therefore claiming the value of the iron sheets from the defendants, the carriers, and the whole arguments turned on the legal significance of a bill of lading. The bill of lading was put in evidence as exhibit A. It is interesting to note, however, that the defendants contented themselves by relying on the arguments put forward by the co-defendants’ counsel without taking any active part in the proceedings.

It is quite clear, however, from exhibit A, that the consignees of the iron sheets were Banque Libano Francaise, a bank in Beirut, which endorsed the bill of lading to Pan African Tradin…

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