Hague, Hague-Visby and Hamburg Rules - Package limitation values

We are grateful to Messrs Eltvedt & O'Sullivan, Marseilles, Messrs Cotts Shipping, Mombasa, Messrs Shepstone & Wylie, Durban, Messrs Budd, Abidjan, Messrs Sheringham P&I Services Limited, Ghana and Nigeria for the above information concerning package limitation in African jurisdictions

Footnotes

1. "Date enacted" will usually indicate the date the Hague/Hague-Visby/Hamburg Rules variant came into effect.

2. The Ghanaian Pound has ceased to be legal tender in Ghana and the courts presently interpret the provision as meaning the value of £100 Sterling at the open market exchange rate.

3. The rate of exchange to be used is that at the time of discharge of the cargo.

4. Kenya is a party to the Hamburg Rules, but the Rules have not yet been implemented into the domestic legislation.Our correspondents have informed us that the Kenyan courts still apply the Hague Rules to claims.

5. Liberia is not a party to the Hague-Visby Rules, but the principles of the Convention have been enacted in Liberian domestic law.

6. Although Nigeria is not a party to the Convention, the principles of the Hague Rules have been incorporated in Nigerian domestic law. However, it is a party to the Hamburg Rules, but the Rules have not yet been incorporated into domestic legislation. Our correspondents inform us that the Hague Rules are still applied in Nigeria.

7. The present exchange rate is Naira 135 to GBP 1 (as at January 1996).

8. Although South Africa is not a party to the Convention, the principles of the Hague-Visby Rules have been incorporated into South African domestic law.

9. Although Tunisia is a party to the Hamburg Rules, these Rules are not considered by the courts, which apply Article 147 of the Maritime Commercial Code to claims.The Article provides for a package limitation of TD 400 per package or freight unit.