ORDER FOR THE RELEASE OF A DETAINED SHIP- CONDITIONS UPON WHICH AN ORDER FOR THE RELEASE OF A DETAINED SHIP MAY BE MADE IN A PROCEEDING  

 

Gbenga Babawibe
Joined: 12 months ago
Posts: 156
20/08/2019 12:13 am  

"Order 9 rule 1(a), (b) and 2(a) and (b) of Admiralty   Jurisdiction   Procedure   Rules 1993 provides as follows:-

(1)   where a ship or other property is under arrest in a proceeding and that:

(a)   an amount equal to

(i)            the amount claimed; or

(ii)          the value of  the ship or property; whichever is the less has been paid into court; or

(b)   a bail bond for an amount equal to:-

(1)        the amount claimed or

(ii) the value of the ship or property, —whichever is the less has been filed in the proceeding; the registrar may, on written application by the relevant person, release from arrest the ship or property.

(2)        release shall not be made under paragraph (1) of this rule in relation to a ship or other property that has been arrested in a proceeding covering a claim for salvage unless the value of the ship or property that is under arrest has been:-

(a)         agreed between the parties; or

(b)         determined by the court."

PER P. A. GALUMJE, J.S.C. IN THE CASE OF KULAK TRADES & INDUSTRIES PLC V THE TUG BOAT M/V JAPAUL B. AND ANOR; LEGALPEDIA ELECTRONIC CITATION: LER[2019] SC.109/2011

 


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