JURISDICTION OF COURT- WHETHER AN AGREEMENT FOR THE HIRE OF A HOUSEBOAT FALLS UNDER THE ADMIRALTY JURISDICTION OF THE FEDERAL HIGH COURT  

 

JBA
 JBA
Joined: 3 months ago
Posts: 50
15/10/2019 11:02 am  

“The fact that the Admiralty Jurisdiction Act, 1991, Cap. A5 of the Laws of the Federation of Nigeria, 2004, defines a ship (Section 26 thereof) as a vessel of any kind used or however it is propelled or moved and includes a large, lighter or other floating vessel, cannot, in my view, convert an agreement for hire of houseboat into an admiralty agreement. The mere fact that a ship is involved in a simple contract does not automatically make that simple contract a subject for jurisdiction in admiralty matters. To hold to that supposition will be ridiculous. See: Texaco Overseas Nigeria Petroleum Company Unlimited v. Pedmar Nigeria Ltd (2002) 7 SC (Pt.11) 222; American International Insurance Co. Ltd. v. Ceekay Traders Ltd. (1981) 5 SC.81.” 

 

PER I. T. MUHAMMAD, J.S.C. in TSKJ NIGERIA LIMITED Vs OTOCHEM NIGERIA LIMITED  LEC [2018] SC. 118/2009 https://legalpediaonline.com/tskj-nigeria-limited-vs-otochem-nigeria-limited/


Quote
Share:
Views All Time
Views All Time
156888
Views Today
Views Today
510