Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1987) JELR 65532 (HC)    
High Court  ·  18 Mar 1987 ·  Ghana
Other Citations
[1987-88] 2 GLR 650

Ratio Decidendi

Core Terms Beta
second defendants
first defendants
warsaw convention
necessary measures
statement of defence
relevant documents
said goods
statement of claim
air carriage contract
air carrier
breach of duty
british caledonian airways
good condition
part of the first defendants
plaintiffs’ negligence
position of the law
actual fact
cargo agents
cause of action
chief justice
conditions of contract
consignment of mangoes
contention of the first defendants
contractual terms
delivery of the plaintiffs
delivery of the said goods
essential terms of the agreement
exhibit b
first defendants’ counsel
following suggestions
general manager of the second defendants
immediate delivery of the plaintiffs
important information
information of the second defendants
klm royal dutch airlines
legal issue
none of the defendants
non-performance of the contract
particular case
particular contract
pertinent triable issues
relevant airway bill
said consignment
said damages
set of facts
simple reason
such contracts


On or about 29 November 1985 the plaintiffs, exporters of fruits, namely mangoes and pineapples, contracted with the two defendants to transport a quantity of mangoes from Accra to a consignee—Messrs W. Coustavallis Ltd. of 43 Ashton Lane, Cheshire, London. The first defendants were to carry the goods from Accra to Kano, while the second defendants were to transship same to London, the final destination. However, when the goods arrived at Gatwick Airport, London, customs officials declared it unfit for human consumption. Exhibit B, the customs clearance request form, shows the goods were “condemned by Public Health Officers and surrendered to the Crown without charge”, and I am quite sure they were consequently destroyed.

It was the British Caledonian Airways, the second defendants, which voluntarily surrendered the goods to the Crawley Borough Council for the simple reason that they were decomposed: see exhibit C tendered on 17 October 1986.

The plaintiffs consequently inst…

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