ASSONA BUILDING CO., LTD. vs. AKERS MEK VERKSTED

JUDGMENT OF ARCHER J.A. Akers Mek Verksted, as charterer, entered into a contract of charterparty with the owners of the steamship Cado Frio for the transportation of mackerel from Norway to Ghana. Tema was the port of discharge and the mackerel was consigned to the appellants as the purchasers. It appears that throughout the negotiations for the sale, the appellants were not aware of the conditions and terms of the charterparty as regards demurrage. When the ship arrived at Tema she could not dock because of congestion at the berths and she was therefore anchored outside the harbour. Under the terms of the charterparty, the following conditions as to discharging and demurrage, were agreed between the owners and the charterer: “DISCHARGING (6) Cargo to be discharged charterers at their risk and expense at a rate of 125 tons per hatch per day. Time to commence at 1 p.m. if notice of readiness to discharge is given before noon, and at 6 a.m. next working day if notice giv.....