ADMIRALTY JURISDICTION ACT, 1991

Section 2: Maritime claims

1991Section 2 of 26Federal Republic of Nigeria

(1) A reference in this Act to a maritime claim is a reference to a proprietary maritime claim or a general maritime claim.
(2)
A reference in this Act to a proprietary maritime claim is a reference to-
(a) a claim relating to-
(i) the possession of a ship; or
(ii) a title to or ownership of a ship or of a share in a ship; or
(iii) a mortgage of a ship or of a share in a ship; or
(iv) a mortgage of a ship's freight;
(b) a claim between co-owners of a ship relating to the possession, ownership, operation or earning of a ship;
(c) a claim for the satisfaction or enforcement of a judgment given by the Court or any court (including a court of a foreign country) against a ship or other property in an admiralty proceeding in rem;
(d)
a claim for interest in respect of a claim referred to in paragraphs (a), (b) or (c) of this subsection.
(3) A reference in this Act to a general maritime claim is a reference to-
(a) a claim for damage done by a ship, whether by collision or otherwise;
(b) a claim for damage received by a ship;
(c) a claim for loss of life or for personal injury, sustained in consequence of a defect in a ship or in the apparel or equipment of a ship;
(d) subject to subsection (4) of this section, a claim, including a claim for loss of life or personal injury, arising out of an act or omission of-
(i) the owner or charterer of a ship;
(ii) a person in possession or control of a ship;
(iii) a person for whose wrongful act or omission the owner, charterer or person in possession or control of the ship is liable;
(e) a claim for loss of or damage to goods carried by a ship;
(f) a claim out of an agreement relating to the carnage of goods or persons by a ship or to the use or hire of a ship, whether by charter-party or otherwise;
(g) a claim relating to salvage (including life salvage of cargo or wreck found on land);
(h) a claim in respect of general average;
(i) a claim in respect of pilotage of a ship;
(j) a claim in respect of towage of a ship or an aircraft when it is waterborne;
(k) a claim in respect of goods, materials or services (including stevedoring and lighterage service) supplied or to be supplied to a ship for its operation or maintenance;
(l) a claim in respect of the construction of a ship (including such a claim relating to a vessel before it was launched);
(m) a claim in respect of the alteration, repair or equipping of a ship or dock charges or dues;
(n) a claim in respect of a liability for port, harbour, canal or light tolls, charges or dues, or tolls, charges or dues of any kind, in relation to a ship;
(o) a claim arising out of bottomry;
(p) a claim by a master, shipper, charterer or agent in respect of disbursements on account of a ship;
(q) a claim for an insurance premium, or for a mutual insurance call, in relation to a ship or goods or cargoes carried by a ship;
(r) a claim by a master, or a member of the crew, of a ship for-
(i) wages; or
(ii) an amount that a person, as employer, is under an obligation to pay to a person as employee, whether the obligation arose out of the contract of employment or by operation of law, including by operation of the law of a foreign country;
(s)
a claim for the forfeiture or condemnation of a ship or of goods which are being or have been carried, or have been attempted to be carried in a ship, or for the restoration of a ship or any such goods after seizure;
(t)
a claim for the enforcement of or a claim arising out of an arbitral award (including a foreign award within the meaning of the Arbitration and Conciliation Act made in respect of a proprietary maritime claim or a claim referred to in any of the preceding paragraphs;
[Cap. A18.]
(u) a claim for interest in respect of a claim referred to in any of the paragraphs (a) to (t) of this subsection.
(4)
A claim shall not be made under subsection (3) (d) of this section unless the act or omission is an act or omission relating to the management of the ship including an act or omission in connection with-
(a) the loading of goods on to or the unloading of goods from a ship;
(b) the embarkation of persons on to or the disembarkation of persons from a ship; and
(c) the carriage of goods or persons on a ship.
(5) A claim under paragraphs (a) to (c) of subsection (4) may be made against the owner, agent or charterer of a ship.

Cite this section

Section 2, ADMIRALTY JURISDICTION ACT, 1991 (1991).

https://repo.podus.ai/laws/admiralty-jurisdiction-act-1991/section/2/