Deck Carriage under the Maritime Code of Ethiopia: A Comment on the Decision of the Addis Ababa High Court in Girma Kebede v. Ethiopian Shipping Lines Case

Abstract

Synopsis of the Case A certain Girma Kebede contracted with Ethiopian Shipping Lines for the carriage of some goods (a car and some electronics items kept in the car)from Rotterdam, the Netherlands, to the Port of Assab, Ethiopia. The goods kept in the car were mentioned in the bill of lading; and they were carried on deck. Though the car was delivered at the port of Assab, the items kept inside the car were not delivered. Subsequently, Ato Girma sued the shipping lines for a total of 12,000 Eth. Birr – which, according to the plaintiff, was the total value of the items undelivered. The shipping lines, in its part, argued, inter alia, that it is not liable for the lost items as they were carried on deck.1 In response to this argument, the plaintiff invoked the Amharic version of Art.180 (4) of the Maritime Code which, according to the plaintiff, does not free the carrier from liability for loss or damage of goods carried on deck. Accordingly, the English version of Art.180 (4) of the Maritime Code, which arguably frees the carrier from liabilities related to on-deck carriage of any goods, is superseded by the Amharic equivalent which permits exoneration vis-a-vis only one type of deck cargo, i.e. on-deck carriage of live animals.