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Whether shipowners entitled to indemnity from time-charterers under Baltime form for damaged banana cargo

The vessel was voyage-chartered for the carriage of a cargo of bananas from Italy to Libya. The vessel was not a reefer vessel. The bananas were in good condition on shipment and the vessel’s ventilation system ran efficiently throughout the voyage. Owing to congestion, there was a six day delay at the discharge port. The effect of the delay and the high ambient temperature was that the bananas deteriorated and had to be condemned by the time the vessel was ready to discharge. That was in December 1974.