(Wednesday, 08 June 2011, Harare)- A HARARE businesswoman is demanding US$250 000 from Ethiopian Airlines accusing it of damaging three television sets she imported from China.
According to her court application filed at the High Court this week, Ms Bekeza Jambga submitted that she travelled aboard the airline's planes from China to Zimbabwe on May 24, 2010 and carried three 42-inch television sets on the flight. "Plaintiff will state that the television sets are valued at US$8 475," she submitted.
Ms Jambga submitted that the TVs were packed by crating as recommended by the airline but they were severely damaged in transit to Zimbabwe from China.
"Plaintiff (Ms Jambga) will state that she suffered loss of business and profit and income since the property was for resale in the sum of US$250 000.
"Plaintiff will also state that defendant (Ethiopian Airlines) has failed or refused or neglected to compensate her despite complying with all what defendant asked her to prove so as to be compensated," she said.
Ms Jambga through her lawyers Matsikidze and Mucheche Legal Practitioners also said her loss has further been aggravated by the delay in paying by the airline. However, Ethiopian Airlines has denied any knowledge of such goods carried on their aircraft from China.
"Defendant does not admit what the goods where, what their packaging was, what damage they suffered in transit, what the purchase price or cost and whether it has any liability therefore does not admit allegations and puts plaintiff to the proof thereof," the airline's lawyers Coglan, Welsh and Guest argued.
Also the airline said in so far as liability to Ms Jambga, which was not admitted, the maximum liability was determined in terms of the Warsaw Convention adopted under Zimbabwe's Carriage by Air Act, at 250 francs per kilogram of luggage lost or damaged, the equivalent in US dollars being US$20.
The airline denied any knowledge of Ms Jambga's business and being responsible for the damage of her property. "Defendant seeks the dismissal of plaintiffs claim with costs," the airline submitted.
The case will go for a pre-trial conference before Justice Felistus Chatukuta to determine whether or not Ms Jambga carried the TVs on Ethiopian Airlines.
Also to be determined is whether or not the damaged TVs were the liability of the airline and what were the purchase price as well as loss of business and profits suffered as a result of the damage.
Ms Jambga submitted that the TVs were packed by crating as recommended by the airline but they were severely damaged in transit to Zimbabwe from China.
"Plaintiff (Ms Jambga) will state that she suffered loss of business and profit and income since the property was for resale in the sum of US$250 000.
"Plaintiff will also state that defendant (Ethiopian Airlines) has failed or refused or neglected to compensate her despite complying with all what defendant asked her to prove so as to be compensated," she said.
Ms Jambga through her lawyers Matsikidze and Mucheche Legal Practitioners also said her loss has further been aggravated by the delay in paying by the airline. However, Ethiopian Airlines has denied any knowledge of such goods carried on their aircraft from China.
"Defendant does not admit what the goods where, what their packaging was, what damage they suffered in transit, what the purchase price or cost and whether it has any liability therefore does not admit allegations and puts plaintiff to the proof thereof," the airline's lawyers Coglan, Welsh and Guest argued.
Also the airline said in so far as liability to Ms Jambga, which was not admitted, the maximum liability was determined in terms of the Warsaw Convention adopted under Zimbabwe's Carriage by Air Act, at 250 francs per kilogram of luggage lost or damaged, the equivalent in US dollars being US$20.
The airline denied any knowledge of Ms Jambga's business and being responsible for the damage of her property. "Defendant seeks the dismissal of plaintiffs claim with costs," the airline submitted.
The case will go for a pre-trial conference before Justice Felistus Chatukuta to determine whether or not Ms Jambga carried the TVs on Ethiopian Airlines.
Also to be determined is whether or not the damaged TVs were the liability of the airline and what were the purchase price as well as loss of business and profits suffered as a result of the damage.
Source: The Herald
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