LEGAL PRINCIPLE: MARITIME LAW – Nature of Cause of Action – Distinction Between in rem and in personam
PRINCIPLE STATEMENT
The admiralty jurisdiction of the Federal High Court can be exercised either by action in rem or by action in personam. The question whether the action is to be in rem or in personam is one of mere procedure.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Rhein Mass Und See Schifffahrtskontor GmbH v. Rivway Lines Ltd (1998) NLC-2211993(SC) at pp. 10–11; Paras A–C.
"[I]t can be exercised that jurisdiction either by action in rem or by action in personam. Given the jurisdiction, the question whether the action is to be in rem or in personam is one of mere procedure."
EXPLANATION / SCOPE
The distinction between in rem and in personam is procedural. The court has jurisdiction regardless of the form. The principle applies to admiralty proceedings. The claimant may choose the procedure. The rule promotes flexibility. The court will not strike out for choosing the wrong form. The principle is well-established.
