Read the full judgment text of CACV 000206/1992 on BabelCite. This Court of Appeal judgment was delivered on 23 April 1993.
1. This an appeal from the judgment of Sears J. given on the 8 December 1992 whereby he ordered damages to the plaintiff amounting to US$415,000 for failure by the defendant to deliver ten thousand metric tons of urea, an agricultural fertilizer. The contract, according to the plaintiff's case, was concluded by an exchange of telexes on 5 January 1990. The provision which has given rise to difficulty is a "force majeure/arbitration" clause. It is the defendant's case that whilst there was such a