Court Fines Shipping Lines GHS 54,000 for Late Defense in Port Charges Lawsuit
A legal dispute over unapproved port charges has taken a significant turn, with a Ghanaian court imposing a GHS 54,000 penalty on shipping lines for failing to file their defense within the stipulated timeframe. The ruling marks a crucial development in a case that could establish a precedent for the regulation of port fees in the country.
The lawsuit, filed by freight forwarder Johnny Mantey, challenges a series of charges imposed by shipping lines and agents, arguing they violate the Ghana Shippers’ Authority Act, Act 1122 (2024). Among the contested fees are container administrative fees, processing fees, evacuation fees, container washing fees, and demurrage charges applied on weekends and public holidays.
Mr Mantey is seeking a declaration that these charges are unlawful, a refund of payments collected under them, and a ruling barring the inclusion of weekends and public holidays in demurrage calculations.
The shipping lines failed to submit their defense within the legally mandated period, prompting Mantey to file a motion for judgment in default. However, the defendants subsequently submitted their response after the motion had been lodged.
At a hearing yesterday, the plaintiff withdrew the default judgment request but sought costs against the shipping lines for their delayed submission. The court upheld this request, ordering the defendants to pay GHS 54,000 for non-compliance with procedural deadlines.
The case has drawn significant attention from stakeholders in Ghana’s shipping and logistics sector, with industry groups expressing concern over what they describe as excessive and unjustified charges. Analysts suggest the court’s ruling could reshape the regulatory framework governing port fees, influencing future disputes and enforcement mechanisms.
With the defense now officially submitted, the case is set to proceed to trial, where the court will determine the legality of the disputed fees. Industry observers are closely monitoring developments, given the potential ramifications for freight forwarders, shipping lines, and Ghana’s broader trade and logistics landscape.
