MERCHANT SHIPPING ACT, 2007

Section 172: Claims by the children

2007Section 172 of 445Federal Republic of Nigeria

(1)
A creditor is not entitled to claim from the superintendent, the property of a deceased claims by the seaman or cadet received by the superintendent under this Act, or any Part this Act, by virtue of any representation obtained as creditor.
(2)
A creditor is not entitled by any means whatsoever to obtain payment of his debt out of the property of a deceased seaman or cadet, if the debt accrued more than three years before the death of the deceased or if the demand is not made within two years after the death of the seaman or cadet.
(3)
A demand under subsection (2) of this section shall be made to the superintendent by the creditor delivering an account in writing signed by him and verified by a statutory declaration, stating the particulars of the creditor's demand and the place of his abode.
(4)
If before the demand under subsection (2) of this section is made under this section, any claim to the property of the deceased seaman or cadet made by any other person has been allowed, the superintendent shall give notice to the creditor of the allowance of the claim.
(5)
If no claim to the property of the deceased seaman or cadet has been allowed, the superintendent shall investigate the creditor's account, and may for that purpose require the creditor to prove same and produce all books, accounts, vouchers and papers relating to the debt and, if by means of the documents produced the creditor satisfies the superintendent of the justice of the demand in whole or in part, the demand shall be allowed and paid accordingly, as far as the property of the deceased seaman or cadet in the hands of the superintendent extends for that purpose, and the superintendent shall be discharged from all further liability in respect of money paid.
(6)
If the superintendent is not satisfied as to the claim or if the books, account vouchers or papers required to be produced in subsection (5) of this section are not produced, and sufficient reason is not given for the non-production, the demand shall be disallowed.
(7)
In any case whatsoever, the superintendent may delay the investigation of any demand made by a creditor for the payment of his debt for one year from the time of the first delivery of the demand.
(8)
If, in the course of the period of one year, a claim to the property of the deceased is made by any person as widow, next of kin or legatee, and allowed by the superintendent under this part of this Act, the superintendent, may pay and deliver the same to that person.
(9)
Where the property of a deceased seaman or cadet has been paid and delivered by the superintendent to any person as widow, next of kin or legatee of the deceased, whether before or after the demand made by the creditor, the creditor shall have the same rights and remedies against that person as if he had received the property as the legal personal representative of the deceased.

Cite this section

Section 172, MERCHANT SHIPPING ACT, 2007 (2007).

https://repo.podus.ai/laws/merchant-shipping-act-2007/section/172/