An Agreement to Hire Houseboat is not within the Realm of Admiralty Jurisdiction: TSKJ (Nig) Ltd v. Otochem (Nig) Ltd (2018) 11 NWLR (Pt.1630) 330)
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Date
2020
Authors
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Journal ISSN
Volume Title
Publisher
Faculty of Law, Usman Danfodiyo University, Sokoto
Abstract
The general principle of law in maritime jurisdiction is that issues of admiralty matters are exclusive jurisdiction of the Federal High Court having regard to section 251(1) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended). However, there have been dilemmas as some cases had posed difficulties to determine court with jurisdiction over it, as it may not be straight jacketed one.This research investigates the clog that is making it extremely thorny to decipher the court that can host such occurrence. The paper finds out that the inability to decipher the court (State or Federal High court) sometimes leads to striking out or dismissal of such matter which no doubt prejudice the interest of the litigants even if they have good cases. The paper recommends adequate consideration of the nature of a case, as an action for breach of contact for supply of goods conveyed by Sea does not change the character of an admiralty action, notwithstanding the movement of the subject matter of the transaction by Sea from one country to another.
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Keywords
Agreement, Hire Horseboat, Realm, Admiralty, Jurisdicition.
Citation
Vol. 1 No 1