KISKO PRODUCTS (GH) LTD vs. DELMAS AMERICA AFRICA LINES [2002]DLHC1204

Date	2002-02-14
Suit No.
Citation No.	[2002]DLHC1204

WOOD JA

P C KOBI-FORDAH FOR THE PLAINTIFFS.

E K KEDDEY (WITH HIM BAFFOE) FOR THE DEFENDANTS.

[2002]DLHC1204
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">KISKO PRODUCTS (GH) LTD<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">DELMAS AMERICA AFRICA LINES<o:p></o:p>[HIGH
COURT, ACCRA]<o:p></o:p>[2001-2002]
1 GLR 368<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">

<p class="MsoNormal" align="right" style="margin-bottom:5.0pt;text-align:right;
mso-pagination:none;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">Date: 14 FEBRUARY 2002<o:p></o:p>

</div>COUNSEL:<o:p></o:p>P C
KOBI-FORDAH FOR THE PLAINTIFFS.<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">

E K
KEDDEY (WITH HIM BAFFOE) FOR THE DEFENDANTS. <o:p></o:p>

</div>JUDGEMENT<o:p></o:p>Wood JA. <o:p></o:p>The
plaintiffs are a limited liability company, incorporated under the laws of
Ghana and deals in used car spare parts and accessories. In 1998 Ocean Marine
Shipping Incorporated, freight forwarders who were engaged by the plaintiffs,
contracted the defendants, a shipping company based in the United States to
tranship the plaintiffs’ cargo from Canada to Ghana. On taking delivery of the
consignment, the plaintiffs discovered to their chagrin that a number of the
items were damaged, while others which were taken off the container in New
York, on the grounds that it was overweight, were not shipped at all to them,
contrary to an agreement to that effect. The plaintiffs therefore sued in their
capacity as owner-consignees, for both general and special damages for the loss
arising from the alleged breaches of contract or duty or both. The plaint was
founded on a number of material facts most of which were however flatly denied
by the defendants. These were that:<o:p></o:p>(1)
They were the owners, consignees or holders of the bill of lading in respect of
the subject matter.<o:p></o:p>(2)
The defendants expressly or impliedly contracted to deliver the goods in the
same good order and condition in which they were shipped.<o:p></o:p>(3)
Before shipment, the defendants reworked the cargo and removed the excess from
the container.<o:p></o:p>(4)
At all material times, it was their duty to exercise reasonable care in the
loading, carriage and discharge of the goods.<o:p></o:p>(5)
They breached, rather fundamentally, that duty of care, reasonable and
necessary in the circumstances, and failed to provide adequate protection for
the goods in the container, resulting in loss and damage.<o:p></o:p>Unsurprisingly,
the defendants denied liability for the loss and damage complained of. More
particularly, they contended that there is no privity of contract between them
and the plaintiffs since the consignees were Ocean Lane Shipping Co Ltd. They
therefore challenged the plaintiffs’ right to sue under the contract.<o:p></o:p>The
unchallenged facts are that the plaintiffs were the owners of the cargo which
was sealed in Canada and transported by road to New York for onward shipment to
Ghana. The clear evidence is that the contract for carriage was between the
defendants and the plaintiffs’ agents, Ocean Marine. It is also not disputed
that the international bill of ladin</main>