ZAKARI v. PAN AMERICAN AIRWAYS INC. AND ANOTHER

JUDGMENT OF WIREDU J.

On or about 12 October 1976 the plaintiff issued out of this court a writ against Pan American World Airways Inc. The indorsement on the writ reads:

"The plaintiff claims against the defendants the sum of 6,682.55 pounds amounting to ¢7, 684. 34 being as to 5,382,55 thereof the value of machinery, to wit, casting and polishing machinery for jewellery, its accessories plus finished jewellery and as to the balance of 1,300 pounds the value of personal effects which the plaintiff air-freighted on 8 August 1974 on the airlines of the defendant-company from New York to Accra and which said consignment the defendants transhipped on 12 October 1974 to Paris for onward shipment to Accra but have despite repeated demands failed to deliver same to the plaintiff.

2. The plaintiff further claims general damages for loss of use of the said machinery which was required for the plaintiff's business and for loss of use of the said personal effects."

On 29 October 1976 Pan American World Airways Inc. (hereafter referred to simply as the defendants) entered an appearance through their solicitors, Messrs Kudjawu & Co. and on 22 November 1976 the following statement of defence was filed on behalf of the defendants:

"1. The defendants deny owing the plaintiff the sum of ¢7,684.34 or at all.

2. By a contract of carriage dated 8 August 1974 and entered into between the defendants and the plaintiff, it was provided in section 4 (a) of the said contract that:

The charges for carriage having been based upon the value declared by the shipper, it is agreed that any liability shall in no event exceed the shipper's declared value for carriage stated on the face hereof and in the absence of such declaration by the shipper liability of carrier shall not exceed 250 such French gold francs or their equivalent per kilogram of goods destroyed, lost, damaged or delayed; all claims shall be subject to proof of value,

3. The plaintiff did not declare any value for the goods air-freighted on the defendants aircraft.

4. The defendants aver that, if, which is denied, the goods consigned by the plaintiff on board the defendants' aircraft are lost through the negligence or wilful fault of the defendants, liability is limited as specified in the said contract of carriage, and the plaintiff is not entitled to the relief sought by him.

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5. Save as hereinbefore expressly admitted the defendants deny each allegation of fact contained in the statement of clai