MERCHANT SHIPPING ACT, 2007

Section 404: Appointment by receiver and court

2007Section 404 of 445Federal Republic of Nigeria

(1)
Where the aggregate amount of salvage payable in respect of salvage services rendered within Nigeria has been finally determined by the court or by agreement, and does not exceed four hundred thousand Naira, but a dispute arises as to the apportionment of the amount among several claimants, the person liable to pay the amount may apply to the Receiver of Wreck for liberty to pay the same to him; and the Receiver of Wreck shall, if he thinks fit, receive the same accordingly, and grant to the person paying the amount a certificate for the amount paid and of the services in respect of which it is paid.
(2)
A certificate issued under subsection (2) of this section shall be a full discharge and indemnity to the person by whom the money is paid and to his vessel, cargo, apparel and effects against the claims of all persons whomsoever in respect of the services mentioned in the certificate.
(3)
The Receiver of Wreck shall, with all convenient speed, distribute any amount received by him under this section among the persons entitled to same on such evidence, and in such shares and proportions, as the Receiver of Wreck thinks fit, and may retain any money which appears to him to be payable to any person who is absent.
(4)
A distribution made by the Receiver of Wreck in pursuance of this section shall be final and conclusive as against all persons claiming to be entitled to any portion of the amount distributed.
(5)
Whenever the aggregate amount of salvage payable in respect of salvage service rendered:
(a)
within Nigeria has been finally ascertained and exceeds four hundred thousand Naira; and
(b)
elsewhere has been finally ascertained, whatever that amount may be, if any delay or dispute arises as to the apportionment of a court of competent jurisdiction, the court may cause the aggregate amount of salvage payable to be apportioned among the persons entitled to the amount of salvage in such manner as the court thinks just, and may, for that purpose, if it thinks fit, appoint any person to carry that apportionment into effect, and may compel any person in whose hands, or under whose control, the amount may be, to distribute the same, or to bring the same into court to be dealt with as the court may direct and may, for such purpose, issue processes as it thinks fit.

Cite this section

Section 404, MERCHANT SHIPPING ACT, 2007 (2007).

https://repo.podus.ai/laws/merchant-shipping-act-2007/section/404/