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Admiralty Jurisdiction and Practice (Lloyd's Shipping Law Library)
Views Total views. Actions Shares. Embeds 0 No embeds. No notes for slide. Admiralty jurisdiction in nigeria 1. Nigerian economy is ranked as the 21st largest economy in the world in terms of nominal GDP, and the 20th largest in terms of Purchasing Power Parity. Nigeria is blessed with a coastline of about kilometres and about 3, kilometres of inland waters with an economy basically reliant on natural resources to wit: petroleum, natural gas, iron ore, coal, lead, limestone, etc.
Nigeria currently has six 6 major ports, ten 10 crude oil terminals and several inland ports dotted along the over 3,km of inland waters and one hundred and sixty eight jetties2. Maritime disputes are a natural consequence of such a dominant position. This paper shall consider admiralty jurisdiction and practice in Nigeria by looking at maritime claims, modes of exercise of the admiralty jurisdiction, do an appraisal of the admiralty laws, rules of court and relevant decisions of the courts on these laws and rules.
Introduction Admiralty has so much affinity with maritime law, so much so that the words are used interchangeably in maritime practice.
It has not that affinity with the law of the sea. Admiralty refers to the law of marine commerce and marine navigation. It entails the transportation at sea of persons and property and marine affairs in general. In reference to the body of law, some jurisdictions prefer the plain language term maritime law and, historically, the domain was also referred to as marine law 5 Admiralty is court exercising jurisdiction over maritime causes, both civil and criminal, and marine affairs, commerce and navigation, controversies arising out of acts done upon or relating to the sea, and over questions of prize.
Also, the system of jurisprudence relating to and growing out of the jurisdiction and practice of the admiralty courts. Arugu, LL. For comments and suggestions please contact me on obugheni yahoo. Garner, Ibid, 8 See s.
Admiralty Jurisdiction and Practice on Apple Books
Jurisdiction defines the power of the court to inquire into facts, apply the law, make decisions and declare judgment. Jurisdiction is a radical and fundamental question of competence, for if the court has no jurisdiction to hear the case, the proceeding are and remain a nullity however well conducted and brilliantly decided they might have been.
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A defect in competence is not intrinsic but rather extrinsic to adjudication9. The Nigerian Supreme Court in the case of Madukolu v.
Nkemdilim10 held jurisdiction defines the power of the court to inquire into facts, apply the law, make decisions and declare judgment. Other factors to be considered by the court before assuming jurisdiction are 1 whether the claim discloses a cause of action; 2 whether the subject matter of the action is within the jurisdiction of the court; 3 whether the Plaintiff is competent to bring the action; and 4 whether the court is not otherwise disqualified either in the membership or enabling statute to adjudicate.
Ehioze Egharevba v. Citing Mills v. Renner 6 ACA Jurisdiction is the authority by which a court has to decide matters brought before it for litigation or to take cognisance of issues presented before it in a formal way for its decision. New African Development Co. Ltd;24 Nigerian National Supply Co. Ltd v. Admiralty jurisdiction was originally conferred on the FHC by section 7 1 d of the Federal High Court Act, which provides that: The court shall to the exclusion of any other court have original jurisdiction to try civil causes and matters - any admiralty jurisdiction, including shipping and navigation on the River Niger, Benue and their affluents and on such other inland waterways as may be designed by an enactment of international waterways, all federal ports, including the constitution and powers of the ports authorities for the Federal ports and carriage of goods by sea.
See also F. F 12, LFN, The present source of the jurisdiction is s. The scope of the admiralty jurisdiction was considered by the Supreme Court in American International Insurance Company v. The application was refused. An appeal to the Federal Court of Appeal was dismissed, and the defendant appealed further to the SC.
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The SC held that thus: That looking at the nature and content of the admiralty jurisdiction given to the Federal High Court by virtue of ss. That the decision Elias C. Ltd  All N. Limited v. River Aboine on 31st May When customs duty has been paid and the plaintiff went to take delivery of the said consignment, it was discovered that 47 packages had disappeared.
The plaintiff after receiving from the defendant a letter that the missing packages had been discharged into its custody, commenced proceedings in the FHC. After commencement of the trial, Kachikwu J. After being addressed on the issue he ruled that it was not an admiralty matter and transferred it to Lagos State High Court.
The element of contract of carriage of goods by sea in this case was no longer there because the contract under the bill of lading had terminated and the proper order to make in the circumstance was to strike out the case since the order for transfer was unlawful. On appeal to the SC, it allowed the appeal against striking out having regards to the provisions of the constitution and dismissed the appeal on the limits of admiralty jurisdiction. Obaseki, JSC.
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There was a problem with saving your item s for later. You can go to cart and save for later there. Admiralty Jurisdiction and Practice - eBook. Average rating: 0 out of 5 stars, based on 0 reviews Write a review. Tell us if something is incorrect. Book Format: Choose an option. It provides unrivalled commentary and analysis of the key principles of admiralty law, from jurisdiction and procedure to forms and precedents, and is firmly established as the leading reference guide fo.