Tema Chairman of GIFF, John Mantey speaking to GhanaWeb’s Ernestina Serwaa Asante
The Chairman of the Tema Chapter of the Ghana Institute of Freight Forwarders, John Mantey, has filed an application for a judgment in default of defence against shipping lines over unapproved port charges.
This action follows the failure of the shipping lines to submit a defence after initially filing a conditional appearance after the law suit on January 21, 2025.
In an interview with GhanaWeb Business, counsel for the plaintiff, Noah Adamtey, stated that, “The lawsuit challenges the imposition of unauthorized fees by shipping lines and agents, including container administrative fees, processing fees, evacuation fees, container washing fees, and demurrage charges applied on weekends and public holidays.”
“Forwarder Johnny Mantey is seeking a court order declaring these charges illegal, mandating refunds, and restraining shipping lines from imposing similar fees in the future,” he added.
If successful, the legal action would not only provide financial relief to affected customers but also set a precedent for regulatory compliance within the shipping industry.
Previously, some freight forwarders in the country accused certain shipping lines of exploiting the freight forwarding business.
They alleged that these lines leveraged their greater financial power to monopolize the sector and push local businesses out.
According to the freight forwarders, these actions by the shipping lines violate Section 43(1) of the Customs Act, 2015 (Act 891), which reserves the business of customs house agents for entities wholly owned by indigenous Ghanaians and licensed by the Commissioner-General of Customs.
Below are the specific reliefs Forwarder Mantey is seeking:
Declaration of Illegality of Unapproved Fees
Forwarder Mantey asserts that the imposition of fees not approved by the Ghana Shippers’ Authority constitutes a violation of Ghanaian law. The lawsuit calls for a ruling to declare such fees illegal and to prohibit their future implementation.
Prohibition of Counting Weekends and Holidays for Demurrage
Shipping lines’ practice of counting weekends and public holidays as part of the demurrage period is described as unjust and unlawful. The legal action seeks an end to this practice, which adds undue financial pressure on the trading public.
Refund of Illegally Collected Charges
Forwarder Johnny Mantey is demanding the refund of all monies collected through these unapproved and allegedly illegal charges. He contends that customers have been unfairly burdened, and justice requires restitution.
This legal action comes in the wake of growing dissatisfaction within the trade community regarding the pricing and operational practices of shipping lines in Ghana.
The frustrations reached a tipping point on September 24, 2024, when industry stakeholders staged a massive protest to voice their grievances.
This was followed by a three-day picket from November 6 to 8, 2024, at the offices of various shipping lines, underscoring the collective determination of stakeholders to demand accountability.
SA/EK
Watch asw Freight Forwarders picket Cosco Shipping line over high container, administrative charges:
