[2000]DLCA491 • May 4, 2000 • Court of Appeal
SOCIÈTÈ DE PROMOTION DE LA PACHE vs. THE OWNER & PARTIES INTERESTED IN THE SHIP OR VESSEL M/V HILDA A
The appellant, Societè de Promotion de la Pache, contracted with the respondent, owner of the vessel M/V Hilda A, to transport 1782.30 tonnes of fish consigned to Abidjan, Tema, and Lagos. The fish was loaded in Mauritania with bills of lading specifying consignees and destinations. Contrary to the bills of lading, the vessel discharged all fish at Tema on instructions from the respondent's managing director. The appellant claimed wrongful discharge and conversion of fish consigned to Abidjan and Lagos.
read moreJUDGEMENT Lamptey JA. On 18 June 1993, Societè de Promotion de la Pache (hereinafter referred to as the plaintiff company) sued the owners and parties interested in the ship or vessel M/V Hilda A (hereinafter referred to as the defendant company) and claimed the reliefs stated in the writ of summons. A statement of claim running into six paragraphs was annexed to the writ of summons. In addition to the statement of claim, three bills of lading in the original were annexed to the writ of summons. On the date of sealing the writ of summons, lawyers acting for the plaintiff company filed a motion on notice for the arrest of the vessel, M/V Hilda A. The defendant company entered appearance on 25 June 1993 and its lawyer filed an affidavit opposing the application for the arrest of the vessel, Hilda A which was at that date berthed at Tema. The defendant company acting by its lawyers filed a statement of defence on 23 July 1993. This statement of defence ran into 21 paragraphs. The d....