This was an appeal in cassation from the judgment of the Court of Appeal in Abidjan against Eka-Benya. The respondent bought iodised salt in large quantities in Dakar, Senegal, which she entrusted to Eka-Benya, which defined itself as a 'transport or freight forwarder'. Eka-Benya sourced a transport vessel to carry the salt to Abidjan, Ivory Coast, supervised the loading and unloading, and stored the goods in its premises which it delivered against payment. In October 1999, Eka-Benya informed the respondent that the carrying vessel, the M/V Ecowas Trader II, had been wrecked and the 210 tons of salt on board was lost.

The Court of first instance found in favour of Eka-Benya. On appeal, the Court of Appeal found in favour of the respondent. Eka-Benya appealed in cassation, arguing that the Court of Appeal had violated art 3.6 of the Hague Rules as amended by the Protocols of 1968 and 1979.

Held: Appeal dismissed.

The OHADA Uniform Act on general commercial law does not apply to maritime transport. Liability action against the freight forwarder lapses after a period of 5 years.

Article 3.6 of the Hague-Visby Rules provides that the maritime carrier is relieved of all responsibility for loss or damage unless an action is brought in the year which follows the delivery of the goods. The Court of Appeal, having found that Eka-Benya was a freight forwarder and applying the consequences of that finding in terms of limitation of the action in liability, could not violate the provisions of the Brussels Convention, which is not applicable to this type of case.