An Examination of Admiralty Jurisdiction and Enforcement of Maritime Claims in Nigeria
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Date
2019-03
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Rhema University Journal of Management and Social Sciences
Abstract
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
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Keywords
Admiralty, Jurisdiction, Enforcement, Maritime, Claims, Nigeria