LEGAL PRINCIPLE: MARITIME LAW – Claim for Disbursements – Cause of Action Enforceable in rem
PRINCIPLE STATEMENT
Under section 1(1)(p) of the Admiralty Jurisdiction Act, a claim by a shipper, charterer, or agent in respect of disbursements made on account of a ship is within the admiralty jurisdiction of the Federal High Court.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Rhein Mass Und See Schifffahrtskontor GmbH v. Rivway Lines Ltd (1998) NLC-2211993(SC) at pp. 16–17; Paras B–C.
"By section 1(1)(p) of the said Act, the admiralty jurisdiction of the High Court includes jurisdiction to hear and determine any claim by a shipper, charterer or agent in respect of disbursements made on account of a ship... There is therefore no doubt that the plaintiffs claim in the present proceedings is within the Admiralty jurisdiction of the Federal High Court."
EXPLANATION / SCOPE
Disbursement claims are within admiralty jurisdiction. The principle applies to maritime law. The Federal High Court has jurisdiction. The rule is statutory. The claimant must prove the disbursements. The principle is well-established.