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FAN MILK LTD. v. STATE SHIPPING CORPORATION

February 10, 1972

HIGH COURT

GHANA

CORAM

  • HAYFRON-BENJAMIN J

Areas of Law

  • Maritime Law
  • Commercial Law
  • Tort Law
  • Evidence Law
  • Contract Law

AI Generated Summary

The High Court, per Hayfron-Benjamin J., held the defendants, carriers of the vessel Otchi River, liable for damage to 400 cartons of butter oil shipped under a clean bill of lading dated 28 October 1968, subject to the Carriage of Goods by Sea Act, 1924 and the Hague Rules. The defendants admitted that the cargo was shipped in apparent good order and condition. The goods arrived at Tema damaged, confirmed by Lloyd’s surveys. The carriers attempted to avoid liability by alleging improper packing and lack of special storage requests and by challenging the tort framing. The court explained that carriers may be liable in tort for negligent care of cargo and that once damage on board is established, the burden shifts to carriers to prove an excepted peril such as inherent vice. As the defendants led no oral evidence and produced no documents establishing inherent vice, the court entered judgment for the plaintiffs for ¢4,081.74 plus ¢600.00 costs.

JUDGMENT