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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

Judgement

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, informeā€¦

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