JADBRANSKA SLOBODNA PLOVIDRA, SPLIT vs. OYSA LTD. [1978]DLHC1147

Date	1978-04-26
Suit No.
Citation No.	[1978]DLHC1147

AMUA-SEKYI J.

E.K. AKYEA DJAMSON (WITH HIM ELIZABETH ADU (MISS)) FOR THE CLAIMANTS.

CARL E. QUIST FOR THE RESPONDENTS.

[1978]DLHC1147
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													<main id="main" class="content" style="min-height: 60rem" >JADBRANSKA SLOBODNA PLOVIDRA, SPLIT <o:p></o:p>vs. <o:p></o:p>OYSA LTD.<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>&nbsp;[1979] GLR 129<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
26TH APRIL 1978<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

E.K. AKYEA DJAMSON (WITH HIM ELIZABETH ADU (MISS))
FOR THE CLAIMANTS.<o:p></o:p>

CARL E. QUIST FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

AMUA-SEKYI J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF AMUA-SEKYI J.<o:p></o:p>The
claimants are a company registered under the laws of Yugoslavia. The
respondents are a limited liability company registered under the laws of Ghana.
On 29 August 1976 the claimants, as owners, and the respondents, as charterers,
entered into a time-charterparty under which the claimants let and the
respondents hired the claimants’ vessel M.V. Matija Gubec for one West African
round voyage of about 45 to 55 days without guarantee. The agreement was signed
in Hamburg on behalf of the owners by their agents and on behalf of the
charterers by brokers on the authority of their European representative, Horst
Tessendorf. It is in the English language and in the form approved by the
Baltic and International Maritime Conference. Clause (23) of the charterparty
provided for arbitration in London in case of dispute.<o:p></o:p><o:p>&nbsp;</o:p>A dispute
did in fact arise following the repudiation of the charterparty by the
respondents. It seems that after the repudiation of the charter party one.
Captain Tanko Gomulin, manager of the claimants, came to this country and had
discussions with the respondents. Following this visit, the respondents’
managing director, Emmanuel Bulley Larmie, wrote a letter to the claimants
asking them to submit a statement of account an indicating that the respondents
would settle what was due in Ghana currency through the claimants’ local
agents, Scanship (Ghana) Ltd. In view of the construction which is now sought
to be placed on this letter, I reproduce it infull hereunder:<o:p></o:p>“OYSA LIMITED
P.O. Box 7997, Accra. 28 January 1976 24666 Tel 24501 Your Ref.......... Our
Ref. SH 2/6/76. The Manager, Jadbranska Slobodna Plovidba, Split, Yugoslavia.
ATTN. CAPT. TANKO GOMULIN. Dear Captain Gomulin, STATEMENT OF ACCOUNT You will
recall that during your short visit to Ghana you indicated to me that on your
return home you would furnish us with statement of account. We are anxious to
ascertain the extent of our indebtedness to your firm following the withdrawal
of your ship the M.V. Matija Gubec which was then on charter to us. As agreed,
we shall settle is due in local currency through your agents, Scanship (Ghana)
Ltd. Yours faithfully For: OYSA LIMITED<o:p></o:p>

(Sgd.) E.
B. Larmie. Managing Director. cc: Mr. Tilimann, Ahlmann Transport KG B-2000
Hamburg II, West Germany. The Manager, Scanship (Ghana) Ltd., P.O. Box 1703,
Accra.”<o:p></o:p><o:p>&nbsp;</o:p>It does
not appear that the claimants honoured their part of the agreement alleged to
have been reached between their Captain Gomulin and the respondents’ managing
director. At any rate, it had not been stated anywhere in the papers before me
that a statement of account was ever submitted by the claimants to the
respondents. What has been alleged and proved is that one Alexander George
Bischoff of 23 College Hill, London, E.C. 4, who claimed to have been appointed
sole arbitrator under s. 7 (b) of the English Arbitration Act, 1950 (14 Geo. 6,
c. 27), has made an award in favour of the claimants. The said section 7 (b)
under which he purported to act is in the following terms:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“7. (b)
if, on such a reference, one party fails to appoint an arbitrator, either
originally, or by way of substitution as aforesaid, for seven clear days after
the other party, having appointed his arbitrator, has served the party making
default with notice to make the appointment, the party who has appointed an
arbitrator may appoint that arbitrator to act as sole arbitrator in the
reference and his, award shall be binding on both parties as if he had been
appointed by consent.”<o:p></o:p><o:p>&nbsp;</o:p>At the
alleged arbit</main>