MERCHANT SHIPPING ACT, 2007

Section 342: Limitation of actions

2007Section 342 of 445Federal Republic of Nigeria

(1)
Subject to the provisions of this section, no action shall be maintainable to enforce any claim or lien against a ship or its owners in respect of any actions, damage or loss to another ship, its cargo or freight, or any property on board, or damages for loss of Iife or personaI injuries suffered by any person on board, caused by the fault of the former ship, whether such ship is wholly or partly in fault, or in respect of any salvage services, unless proceedings in respect of the damages are commenced within two years from the date when the damage or loss or injury was caused or the salvage services were rendered.
(2)
An action shall not be maintainable under this Act to enforce any contribution in respect of an overpaid proportion of any damages for loss of life or personal injuries unless proceedings in that respect are commenced within one year from the date of payment.
(3)
Any court of competent jurisdiction may extend the period on such conditions as it thinks fit and shall, if satisfied that during the period there has not been a reasonable opportunity of arresting the defendant ship at any port in Nigeria, or within three miles of the coast of Nigeria or locally within the Jurisdiction of the country to which the ship of the plaintiff belongs or in which the plaintiff resides or has his principal place of business, extend the period to the extent necessary to give such a reasonable opportunity.

Cite this section

Section 342, MERCHANT SHIPPING ACT, 2007 (2007).

https://repo.podus.ai/laws/merchant-shipping-act-2007/section/342/