21 Dec 2006
BIRKART GLOBISTICS LTD v. BOMAFA ARMATUREN LTD
- Citation
- BIRKART GLOBISTICS LTD v. BOMAFA ARMATUREN LTD
- Court
- District Court
- Case number
- DCCJ1527/2005
On the evidence (quotations, emails and conduct) the contract for the first shipment was a door-to-door contract including customs clearance; the plaintiff and its agents failed to follow up and mishandled documentation causing delay amounting to breach; the defendant lawfully repudiated and mitigated loss; plaintiff's claim on the first shipment is dismissed, plaintiff is entitled only to freight for the second shipment, and the defendant's counterclaim is allowed with set-off and interest.