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ROYAL DUTCH AIRLINES (KLM) AND ANOTHER v. FARMEX LTD

1990

SUPREME COURT

GHANA

CORAM

  • ADADE AG CJ
  • WUAKU
  • AMUA-SEKYI
  • AIKINS
  • EDWARD WIREDU JJSC

Areas of Law

  • Aviation Law
  • Contract Law
  • Commercial Law

AI Generated Summary

The Supreme Court of Ghana considered an appeal involving Farmex Ltd’s shipment of fresh mangoes to its UK customer, B. Coustavallis Ltd, routed via Kano after British Caledonian Airways (BCal) could not lift directly from Accra due to a fuel shortage. KLM carried the cargo to Kano but its purser negligently over-carried the air waybill (AWB) to Amsterdam, leaving both KLM and BCal’s Kano offices without documentation. The AWB explicitly directed notification of BCal Kano and connection with BCal’s flight BR 366 on 1 December 1985, but the goods were not transshipped then. BCal, which had regularly carried Farmex’s perishable mangoes and arranged the rerouting, failed to communicate timely instructions despite knowing that Accra–Kano telexes were unreliable and that time was of the essence. The cargo was accepted on 4 December and flown on 6 December, arriving rotten and destroyed. The Court dismissed both defendants’ appeals, held KLM and BCal jointly and severally liable, corrected damages to £23,800 payable in sterling, and restored interest from 1 December 1985 to payment.

JUDGMENT