Mobay Undersea Tours Limited v Fireman's Fund Insurance Company & Port Services Limited

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA
IN COMMON LAW
SUIT NO C. L. M-023 OF 1996
BETWEEN MOBAY UNDERSEA TOURS LIMITED lST PLAINTIFF
AND FIREMAN'S FUND INSURANCE COMPANY 2ND PLAINTIFF
A ND PORT SERVICES LIMITED DEFENDANT
Mr. Dennis Goffe, Q.C. and Mrs. M. Champagne, Attorneys-at-Law for the plaintiff
instructed by Messrs. Myers Fletcher & Gordon.
Mr. Gordon Robinson for the defendant instructed by Mrs. Winsome Marsh of
Nunes, Scholefield, Deleon & Co.
HEARD lotha nd llthM ay, 2000
1 3 ' ~Ju ly, 2000
11'~ 12'~ September, 2000
7'h February, 2001
RECKORD, J
On the 26th of January, 1996, the plaintiffs through their attorneys-at-law filed an
action in the Supreme Court claiming damages against the defendant for breach of duty
and or negligence and or breach of duty as bailees of the cargo, by themselves, through
their servants and or agents, on the 27th of January, 1995, while discharging the said
cargo from the motor vessel INAGUA TANIA at berth 2, Western Terminals in
Kingston, the defendant and or their servants and or agents so negligently handled the
said cargo that they severely damaged same causing the plaintiffs to suffer loss and
damage and incur expenses.
Arising from the filing of this action are two summonses. The first by defendant