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Ghana Court Finds US-Based Shipper and Agent Liable for Damage Caused to Shipment

By Mike Ntiamoah
Crime & Punishment Agyeman Prempeh
AUG 24, 2016 LISTEN
Agyeman Prempeh

An Adenta District Magistrate Court in Accra has made a landmark ruling, which is likely to hold overseas shippers accountable, holding a US-based shipper, Mr. Agyeman Prempeh, and his agent, liable for damage caused to goods that was shipped from Virginia, US, to Ghana.

The court, presided over by His Lordship, Nii Ablorh, ordered the release of items belonging to the customer, Mr. William Nyarko, which Mr. Prempeh had ordered his agent, Mr. Samuel Asiamah to withhold from the customer pending the payment of a remaining balance of $500. In addition, the court ordered payment for the cost of the damaged items of $850 and awarded cost of 800 Ghana cedis (about $220) against the shipper and his agent.

During the trial, the court was told that on February 12, 2016, Mr. Nyarko, the plaintiff (customer) contracted the services of Mr. Prempeh in Bristow, Virginia, to ship items valued at $18,000 to Ghana. Mr. Prempeh charged $2000 for the shipment and received part payment of $1000 with the rest to be paid when the goods arrive in Ghana and if after inspection the goods were found to be in the condition that was given to the shipper in Virginia.

On 30th March, 2016 Mr. Agyeman called Mr. Nyarko, who had traveled to Ghana, and told him that the goods had arrived and that he should contact his agent Mr. Asiamah to inspect the goods and pay for the remaining balance. Mr. Nyarko and Mr. Asiamah arranged to meet at the Tema Harbour the next day for the inspection and payment but Mr. Nyarko was not allowed to inspect the goods and was told to come to Mccarthy Hill Junction where Mr. Asiamah has his shop and where the goods would be taken to for inspection. Unable to inspect the goods, Mr. Nyarko gave Mr. Asiamah $500 at the Tema Harbour on 31st March, 2016 with the remaining $500 to be paid upon inspection the next day at the Mccarthy Hill Junction.

However, a partial inspection of the goods at the Mccarthy Hill Junction showed that some of the goods, estimated at $850, had been damaged beyond repairs and Mr. Nyarko was prevented from inspecting the remainder of the goods to assess the damage to the remaining shipment.

Mr. Prempeh insisted that regardless of the damage to the goods, Mr. Nyarko was to pay him the remaining $500 and instructed his agent not to release the goods to Mr. Nyarko.

After several attempts by Mr. Nyarko to work out a mutual solution with Mr. Prempeh and his agent failed, Mr. Nyarko brought an action at the Adenta Magistrate Court seeking reliefs, all of which the court granted, on 10thAugust, 2016.

In addition, the entire shipment is to be inspected by the court, inventory to be taken, and payment made for any additional items that are found to have been damaged while in the custody of the agent.

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