Department of Private and Property Law

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Browsing Department of Private and Property Law by Subject "Admiralty"

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    An Examination of Admiralty Jurisdiction and Enforcement of Maritime Claims in Nigeria
    (Rhema University Journal of Management and Social Sciences, 2019-03) Adepoju, Adebiyi Anthony
    Many goods in admiralty actions have lost in time past, this is as a result in failure to take the right steps by the parties involved, for instance, failure to arrest a ship or cargo or freight (as a pre-trial and pre-judgement security for a successful action in enforcement of maritime claims because of ignorance on the part or the failure of counsel to realize the essence, implications and the roles of an action in 'Rem' in maritime claims and the difference between an action in 'Rem' and an action in Personam' or generally, enforcing the claims of litigants in admiralty matters, thus in Anchor Ltd. V. The Owners of the Ship Eleni, (1907-1979) INSC 42. The procedure taken out for the arrest of a ship was held not to be open to the plaintiff since the action proceeded in 'personam' and judgement was obtained against the defendant personally. However, this paper trace the history and origin of admiralty jurisdiction, classes of claims, distinguishes proprietary maritime claims from general maritime claims, actionable claims in maritime business, impact of Section 1 (i) (g) of Admiralty Jurisdiction Act 1991, Section 230, 1979 Constitution and Sections 249 — 252, 270 — 272 of Constitution of the Federal Republic of Nigeria 1999 (As amended) and Courts with jurisdiction in admiralty matters. The paper concludes with improvements which the concerned authorities need to make on admiralty business in Nigeria and recommends to the appropriate authority ways in which maritime business through court intervention can move to higher level