MERCHANT SHIPPING ACT, 2007

Section 395: Claims and actions

2007Section 395 of 445Federal Republic of Nigeria

(1)
Nothing in this part of this Act shall affect the salvor's maritime lien under any International Convention or Nigerian law.
(2)
A salvor may not enforce his maritime lien when satisfactory security for his claim, including interests and costs, has been duly tendered or provided.
(3)
The law relating to civil salvage whether of life or property, except section 404 of this Act, shall apply in relation to salvage services in assisting any government ships, or in saving life from government ships, or in saving any cargo or equipment belonging to the Federal Government, in the same manner as if the ship, cargo or equipment belonged to a private person.
(4)
Where salvage services are rendered by or on behalf of the Federal Government, the Government shall be entitled to claim salvage in respect of those services to the same extent as any other salvor and shall have the same right and remedies in respect of the services as any other salvor.
(5)
No claim for salvage services by the commander or crew or part of the crew of any ship belonging to the Federal Government shall be finally adjudicated upon without the consent of the Minister to the prosecution of the claim being first obtained.
(6)
Any document purporting to give the consent of the Minister or any officer delegated by him for the purposes of subsection (5) of this section shall be evidence of the consent.
(7)
Where a claim is prosecuted without the consent required in subsection (5) of this section, the claim shall be dismissed with costs.

Cite this section

Section 395, MERCHANT SHIPPING ACT, 2007 (2007).

https://repo.podus.ai/laws/merchant-shipping-act-2007/section/395/