STOCKBRIDGE CO. LTD. (PLAINTIFF) vs. SUPERMARITIME GH. LTD & ANR. (DEFENDANTS)

The instant motion seeks an order of the court to dismiss the plaintiff’s action which was filed on the 25th September 2014 in which the Plaintiff claims damages against the defendants for the damage caused to its shipment of cement cargo from China to Ghana and which arrived at the port of Tema, Ghana on or around the 15th September 2013. By the affidavit in support, the main contention of the applicant is that the action was instituted well over one year after the delivery of the cargo to the plaintiff and that that being so, the plaintiff’s action which is sued upon a contract of carriage of goods by sea which is evidenced by a Bill of lading, exhibit TS1 herein, is, by Article 3(6) of the Hague Rules of 1924, caught by the period of limitation expressed therein and that for that reason, the action is statute barred and should therefore be dismissed by the court. The plaintiff/respondent is opposed to the application as shown by its affidavit in opposition. Article 3(6) of the...