Plaintiff consigned certain goods on the defendant's railway under certain consignment notes which limited liability of the defendant in case of loss of goods in transit. To the plaintiff's claim for damage to and loss of goods under s. 81 of the Zambia Railways Act, Cap. 767, the defendant pleaded limitation of such liability under the consignment notes which could be done by following the procedure under s. 84 of the Act. On the preliminary issue of the limitation of the statutory liability under s. 81, referred to Court by mutual consent,
Held:
The statutory liability of the carriers, under s. 81 of the Zambia Railways Act, Cap. 767, could be limited under the provisions of s. 84 of the Act only by complying with the requirements of that section viz. by publishing the form limiting liability in the Gazette and not merely by the consignment notes signed by the parties.
