The ongoing legal battle over unauthorized port charges has taken a significant turn as a court has imposed a GHS 54,000 penalty on shipping lines for failing to file their defense on time. The ruling marks a notable development in a case that could set a precedent for the regulation of port charges in Ghana.
The lawsuit was initiated by freight forwarder Johnny Mantey, who challenged a range of unapproved fees levied by shipping lines and agents, arguing that they contravened the Ghana Shippers’ Authority Act, Act 1122 (2024). Mantey’s suit specifically contests charges such as container administrative fees, processing fees, evacuation fees, container washing fees, and the application of demurrage charges on weekends and public holidays.
Following the shipping lines’ failure to submit their defense within the legally required period, Mantey filed a motion for judgment in default of defense. However, after the motion was lodged, the shipping lines belatedly submitted their defense. At the court’s sitting yesterday, the plaintiff withdrew the motion but requested that costs be imposed on the defendants for their late submission. The court granted this request, penalizing the shipping lines with a GHS 54,000 fine for failing to comply with procedural timelines.
As part of the lawsuit, Mantey is seeking several key reliefs, including:
A declaration that the contested charges are illegal.
A refund of all monies collected under the disputed fees.
A ruling that the inclusion of weekends and public holidays in demurrage calculations is unlawful.
Any additional reliefs the court deems appropriate.
The case has garnered widespread attention within Ghana’s shipping and logistics industry, as stakeholders raise concerns over what they describe as excessive and unjustified charges. Industry observers believe that the court’s final decision could have far-reaching implications for freight forwarders and shipping lines, potentially reshaping the regulatory landscape for port charges in the country.
With the defense now formally submitted, the case is set to proceed to trial, where the court will determine the legality of the disputed charges. The industry will be closely watching the proceedings, as the outcome could influence future disputes and regulatory policies on port fees in Ghana.
CBN
