JUDGMENT OF HAYFRON-BENJAMIN J.
The plaintiffs by their endorsement on the writ of summons claim the sum of N¢4,081.70 being damages occasioned to the plaintiffs by reason of the negligence or breach of duty or both on the part of the defendants, their servants or agents. The statement of claim shows that by a contract contained in a bill of lading dated 28 October 1968, the defendants acknowledged the shipment on board their vessel the Otchi River in apparent good order and condition, of 400 cartons of butter oil for carriage to and delivery at Tema in the like good order and condition, for an agreed freight. The bill of lading was made subject to the Carriage of Goods by Sea Act, 1924 (14 & 15 Geo. 5, c. 22), and the rules scheduled [p.240] thereto. The plaintiffs claim that in breach of their duty under the said bill of lading or as carriers for reward or both the defendants failed to deliver the said butter oil in the like good order and condition as when shipped but have delivered same in a damaged state. The defendants deny the breach of duty and contend that the plaintiff was guilty of negligence by failing to pack the said butter oil in a manner consistent with the carriage of butter oil from a cool to a hot climate. The defendants denied liability to pay damages by virtue of article 4, rule 2 (m) of the Schedule to the Bills of Lading Act, 1961 (Act 42). This article provides:
"2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from– .…
(m) Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods."
No other section of the Act was pleaded by the defendants.
At the hearing of the case counsel for the defendants raised two preliminary objections to the hearing by this court of the suit. The first is that this action is statute-barred having regard to the provisions of article III, r. 6 of the Hague Rules as contained in the Carriage of Goods by Sea Act, 1924 (supra), or Act 42. This provides inter alia that, "In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered." In the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), Order 19, r. 16 provides that:
"The defendant or plaintiff (as the case may be) must raise by his pleading all matters which show the actio
