Abdul Muhammed Law Practice
Abdul Muhammed Law Practice examines the key principles governing ex-parte pre judgment arrests of vessel in Nigeria as well as in some common law jurisdictions like Ghana and the UK.
Pre-judgment arrest of ships is a legal remedy available in maritime law to secure a claimant’s interests before a court decides on the underlying dispute.
- England
In England, the High Court exercises admiralty jurisdiction over maritime disputes, including pre-judgment ship arrests.
To arrest a ship, the claimant must have a valid maritime claim, such as unpaid charter fees, collision damages, salvage, or maritime liens.
The claimant must show a prima facie case to convince the court that their claim is valid and there is a good chance of success.
The claimant is usually required to provide security to cover potential damages and costs if the arrest is later found to be wrongful.
- Nigeria
– Nigeria, like England, has an admiralty court with jurisdiction over maritime matters which is the Federal High sitting at Lagos, Port Harcourt, Calabar, Yenagoa and Warri.
The Nigerian Admiralty Jurisdiction Act as well as the Admiralty Procedure Rules are the controlling law and rules of court in Nigeria which govern ship arrests and provides the procedures for claimants.
Similar to England, a claimant must provide an undertaking to give security to compensate the ship-owner if the arrest is deemed or turns out to be unjustified.
The claimant must demonstrate a strong case to justify the ship’s arrest.
- Ghana
Ghana also has an admiralty court responsible for maritime cases, including ship arrests.
Claimants must present a prima facie case to support their claim and justify the arrest.
As in England and Nigeria, security is often required to protect the ship-owner against potential wrongful arrests.
Closing
The principles governing pre-judgment arrest of ships in these common law jurisdictions share similarities but may have specific procedural nuances.
The overarching goal is to balance the interests of claimants seeking security for their claims with the need to prevent unjustified arrests that could harm ship owners’ interests.
It is essential for parties involved in ship arrests to seek legal advice and follow the proper procedures to ensure compliance with the relevant laws and regulations in each jurisdiction.
