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Limitation of Liability: Recent Developments Under English Law Ed Mills-Webb & Mark Tilley,
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Clyde & Co LLP
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Chapter 24
Nigeria
Bloomfield Advocates & Solicitors
Olabode Adegoke
1 Marine Casualty
1.1
i)
iv)
Collision
Pollution
Section 251 of the 1999 Constitution.
Section 1 (1)(e) Admiralty Jurisdiction Act 1991.
Sections 322-325 and section 335-336 of the MSA.
Environmental Impact Assessment Act 1992.
International Conventions on the Prevention of Pollution as
listed in section 335 of the MSA namely: (i) International
Convention for the Prevention of Pollution from Ships
1973/1978 and the anexes thereto; (ii) Convention Relating
to Intervention on the High Seas in Cases of Threatened Oil
Pollution Casualties 1969; (iii) International Convention on
Prevention of Maritime Pollution by Dumping of Wastes and
Other Matters,1972; (iv) International Convention on Oil
Pollution Preparedness, Response and Co-operation, 1990;
(v) International Convention on Civil Liability for Oil
Pollution Damage 1992; (vi) Convention on Limitation of
Liability for Maritime Claims, 1976 and the 1996 Protocol
thereto; (vii) Convention on the Establishment of an
International Fund for Compensation for Oil Pollution
Damage, 1971 and its Protocol of 1992; (viii) Basel
Convention on the Control of Transboundary Movements of
Wastes and their Disposal 1989; and (ix) any International
Agreement or Convention relating to the prevention,
reduction or control of pollution of the sea or other waters by
matters from ships, and civil liability and compensation for
pollution damage from ships to which Nigeria is a party.
National Environmental Standards and Regulations
Enforcement Agency Act 25 of 2007.
iii)
Limitation of liability
Section 1 (1)(d) of the Admiralty Jurisdiction Act 1991.
Wreck removal
128
WWW.ICLG.CO.UK
Nigeria
Non-contractual claims against the carrier are allowed as
expressions of loss, provided the loss is expressly proven.
2.3
2 Cargo Claims
2.1
Nigeria
3 Passenger Claims
3.1
4.1
4.2
WWW.ICLG.CO.UK
129
Nigeria
5 Evidence
5.1
6 Procedure
6.1
130
WWW.ICLG.CO.UK
Nigeria
Section 20 of the Admiralty Jurisdiction Act 1991 makes null and
void any clause which seeks to oust the jurisdiction of the court in
favour of a foreign jurisdiction in admiralty matters. However, the
courts recognise and enforce foreign judgments and awards on the
basis of judgments governed by the Foreign Judgements Reciprocal
Enforcement Act and Reciprocal Enforcement of Judgements Act.
Where proceedings have been instituted contrary to an arbitration
clause, the opposing party can apply to court for a stay of
proceedings pending reference to the outcome of arbitration
proceedings. Stay of the court proceedings should only be sorted
after the opposing party enters appearance for the pending suit, but
before filing a statement of defence.
The plaintiff has seven days from the date of filing the writ of
summons within which to file witness statements. All documents to
be relied on in court are front loaded before trial commences.
Hearing of actions is relatively lengthy and could take years.
Interest on money paid into the courts interest yielding account is
awarded based on the banks calculations. On the other hand, if the
claim is not paid into court, interest is based on the provisions in the
contractual agreement between the parties involved.
The general rule is that cost is at the discretion of the court and
when fixing cost it is the party who is in the right and is indemnified
for the expenses to which he has been unnecessarily put in the
proceedings, as well as the partys time and effort. However, in
arrest proceedings, the plaintiff maybe asked to give security for
costs, failing which, the vessel will be released. Cost is usually
determined summarily by the judge at the time of making the order.
Due to the commercial nature of maritime claims, most contractual
agreements, contain arbitration clauses thus, claims are referred to
arbitration. The Chartered Institute of Arbitrators, Nigeria Branch
is the specialist body involved with arbitration as they constitute a
panel of specialist maritime arbitrators. Also the Maritime
Arbitrators Association of Nigeria has specialised maritime
arbitrators.
6.2
Olabode Adegoke
Bloomfield Advocates & Solicitors
200 Muritala Mohammed Way
Yaba, Lagos
Nigeria
Tel:
Fax:
Email:
URL:
Nigeria
7.2
Nigeria
Bloomfield is the foremost full service law firm in Nigeria. The firm provides regulatory compliance advisory services to both local
and multinational companies in Nigeria. Our Partners, Associates and Support Staff provide professional service of the highest
standard to our clients by combining awareness of the clients needs with a practical and constructive approach to legal issues.
The firm has been involved in providing regulatory compliance training programmes to employees of various companies and
ensuring compliance with international and local regulatory provisions. The training is unique because it incorporates both local
and international anti-corruption and bribery regulations.
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131
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