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liabilities related to on-deck carriage of any goods, is superseded by the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.