C.I.L.E. V. BLACK STAR LINE AND ANOTHER

AMISSAH J.A.

Counsel on behalf of the defendants has challenged the competence of this court to deal with this case. In sum his submission is that the action arises under or is connected with bills of lading in which the parties have expressly agreed that the contract shall be governed by English law and that all disputes shall be adjudicated upon by the court of England. As the parties have themselves chosen their own forum which is not in Ghana, a Ghanaian court has no jurisdiction to try the case.

In the case of C.I.L.E.V. v. Chiavelli [1967] GLR 652 (ruling delivered on 27 November 1967) where there was a similar agreement that disputes must be submitted to an Italian court, this court held that the parties must be kept to their original bargain to sue and be sued in Italy. The question is, why should not that result automatically follow in the present case? It will be remembered that there I stated that the courts in this country have jurisdiction to entertain actions relating to …