LEGAL PRINCIPLE: MARITIME LAW – Limitation of Actions – Exemption for Causes of Action Enforceable in rem
PRINCIPLE STATEMENT
Section 7(3) of the Admiralty Jurisdiction Act exempts a cause of action within admiralty jurisdiction that is enforceable in rem from the limitation provisions of section 7(1). An action to enforce such a right, even if brought in personam, is exempted.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Rhein Mass Und See Schifffahrtskontor GmbH v. Rivway Lines Ltd (1998) NLC-2211993(SC) at pp. 12–13; Paras A–C.
"Sub-section (3) exempts a cause of action within the Admiralty jurisdiction which is enforceable in rem from the provisions of sub-section (1) of section 7 of the Act. And as plaintiff's cause of action in the instant case is one within the Admiralty jurisdiction which is enforceable in rem, it follows that this action taken by the plaintiff to enforce its right, though in personam, is exempted from the provisions of section 7(1)."
EXPLANATION / SCOPE
Claims enforceable in rem are exempt from limitation periods. The principle applies even if the action is brought in personam. The rule is statutory. The claimant may bring the action at any time. The principle is well-established.