[1971]DLSC2110 • February 10, 1971 • Supreme Court •
FAN MILK LTD. vs. STATE SHIPPING CORPORATION
The plaintiffs, Fan Milk Ltd., contracted with the defendants, State Shipping Corporation, for the carriage of 400 cartons of butter oil aboard the vessel Otchi River from shipment to delivery at Tema. The defendants acknowledged receipt of the goods in good order via a bill of lading dated 28 October 1968, subject to the Carriage of Goods by Sea Act, 1924. The plaintiffs claimed damages of N¢4,081.70 for delivery of the goods in a damaged state, alleging negligence or breach of duty by the defendants. The defendants denied liability, asserting the plaintiff's negligence in packing and relying on statutory exemptions for loss due to inherent defects under the Bills of Lading Act, 1961.
read moreThe plaintiffs by their endorsement on the writ of summons claim the sum of N¢4,081.70 being damages occasioned to the plaintiffs by reason of the negligence or breach of duty or both on the part of the defendants, their servants or agents. The statement of claim shows that by a contract contained in a bill of lading dated 28 October 1968, the defendants acknowledged the shipment on board their vessel the Otchi River in apparent good order and condition, of 400 cartons of butter oil for carriage to and delivery at Tema in the like good order and condition, for an agreed freight. The bill of lading was made subject to the Carriage of Goods by Sea Act, 1924 (14 & 15 Geo. 5, c. 22), and the rules scheduled thereto. The plaintiffs claim that in breach of their duty under the said bill of lading or as carriers for reward or both the defendants failed to deliver the said butter oil in the like good order and condition as when shipped but have delivered same in a damaged state. The defendant....