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

LUTTERODT J.

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…