SHERA VALI ENTERPRISE LTD vs. SAFMARINE CONTAINER LINE

JUDGMENT The Plaintiff filed the instant writ for redress and for the reliefs endorsed on the writ of summons which were: 1. Recovery of the sum of $38,223.42 being cost of Battery Lead Acid Accumulators (Car Batteries) 2. Interest on the said sum. 3. Costs on a full indemnity basis. 4. Further Relief as the Court may deem fit. It was the Plaintiff’s case that it purchased a quantity of car batteries valued at $65,317.46 in India to be transported by the Defendants to the Port of Tema. According to the Plaintiff, the goods were loaded by the Shippers into the Defendant’s container. However on taking delivery of the goods, the Plaintiff discovered that the Defendant’s container had leaked and that water had gathered and soaked most of battery cells. The Plaintiff pleaded that the Defendant had been negligent in its transportation of the goods to Tema. The particulars of Negligence were given as: • That the Defendant had failed to provide a container suitable for...