In a contract of carriage of goods from Singapore, Malaysia
to Zanzibar the port of destination was agreed as Zanzibar. However, the
shipper delivered the goods in Dar es Salaam port and later transhipped the
goods to Zanzibar. Delivery of the goods in Dar es Salaam involved costs which
the shipper claimed from the consignee. The consignee on his part claimed for
damages because delivery of the goods was late by about eight months and
disclaimed liability for the costs incurred in Dar es Salaam. The High Court of
Zanzibar decided in favour of the consignee whereupon the shipper appealed to
the Court of Appeal of Tanzania.