[2017]DLHC1283 • March 24, 2017 • High Court
PIONEER FOOD CANNERY & ANO. vs. MAERSK GHANA LIMITED & ORS.
The plaintiffs contracted the 1st defendant to transport 294 containers of bulk frozen tuna from Ghana to Seychelles. The plaintiffs alleged loss due to non-delivery or damaged delivery of 65 containers. They claimed damages including loss of revenue and charges paid related to the damaged goods. The defendants denied liability, relying on terms of carriage limiting jurisdiction to the English High Court and claiming the action was statute barred.
read moreJUDGMENT By an amended writ of summons filed on the 20th June 2014, the plaintiffs in this matter issued a writ of summons against the defendants herein for the reliefs of: (a) A declaration that the Defendants are liable to the Plaintiffs for the loss occasioned by the non-delivery and/or delivery in damaged condition of the 65 containers of bulk frozen tuna. (b) General damages. (c) Special damages in the sum of USD1,704,563.99 being the loss suffered by the 1st Plaintiff resulting from the loss in revenue for 41 containers of damaged bulk frozen tuna. (d) Special damages in the sum of USD267,733.12 being charges paid by the 1st Plaintiff in relation to the 41 containers of damaged bulk frozen tuna. (e) Special damages in the sum of USD1,053,950.64 being the loss suffered by the 2nd Plaintiff resulting from the loss in revenue for 24 containers of damaged bulk frozen tuna. (f) Special damages in the sum of USD127,837.13 being charges paid by t...