MERCHANT SHIPPING ACT, 2007

Section 352: Claims subject to limitation

2007Section 352 of 445Federal Republic of Nigeria

(1)
Subject to sections 354 and 355 of this Act, the following claims, whatever the basis of liability may be, shall be subject to limitation of liability-
(a)
claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connection with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;
(b)
claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;
(c)
claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the ship or salvage operations;
(d)
claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship;
(e)
claims of a person other than the person liable in respect of measures taken in order to avert or minimize loss for which the person liable may limit his liability in accordance with this part of this Act, and further loss caused by such measures; claims in respect of floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the subsoil thereof;
(f)
claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship.
(2)
Claims set out in subsection (1) of this section shall be subject to limitation or liability even if brought by way of recourse or for indemnity under a contract or otherwise. However, claims set out under paragraphs (d), (e) and (f) of subsection (1) of this section shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable.

Cite this section

Section 352, MERCHANT SHIPPING ACT, 2007 (2007).

https://repo.podus.ai/laws/merchant-shipping-act-2007/section/352/