Supplement to Official Gazette Extraordinary No 28, Vol. 80, 1^st September 1993 - Part B

Admiralty Jurisdiction Decree

Arrangement of Rules

Order I

Citation, Application, etc.

Order II

Form and Commencement of Suits

Order III

Preliminary Acts

Order IV

Parties

Order V

Services of Process

Order VI

Caveats

Order VII

Arrest of Ships and Other Property

Order VIII

Custody of Ships and Property under Arrest

Order IX

Release from Arrest

Order X

Security for Costs

Order XI

Reparation for Needless Arrests

Order XII

Payment of Bail

Order XIII

Limitation Proceedings

Order XIV

Valuation and Sale

Order XV

Priorities

Order XVI

General Powers of the Court

Order XVII

Effect of Non-Compliance

Forms

Admiralty Jurisdiction Decree

(No 59 of 1991)

Admiralty Jurisdiction Procedure Rules 1993

In exercise of the Powers conferred on me by section 21 of the Admiralty Jurisdiction Decree 1991 and of all other power enabling me in that behalf, I, Muhammad Babatunde Belgore, Chief Judge of the Federal High Court, hereby make the following Rules

Order I

Citation, Application, etc.

1.     These Rules may be cited as the Admiralty, Jurisdiction Procedure Rules 1993.

2.     These Rules shall apply to every admiralty cause or matter  brought in the Court.

3.      In these Rules, unless the context otherwise requires-

"admiralty" shall bear the same meaning as in the Admiralty Jurisdiction Decree 1991

"amount claimed" includes an amount in respect of interest or cost;

"arrest warrant" means a warrant for the arrest of a ship or other property; -

"caveat" means an undertaking filed in the Registry by the owner of or person interested in a ship or property to appear to any action in rem filed against that ship or property and provide bail even though the ship or property is not arrested;

"caveator" means the person by whom or on whose behalf the caveat was filed;

"Court" means the Federal High Court;

"Decree" means the Admiralty jurisdiction Decree 1991;

"interested person" in relation to a proceeding or in relation to a ship or other property that is under arrest, includes an underwriter or insurer of the ship or property or of a liability in relation to the ship or property or intervener;

"Marshal" means the Admiralty Marshal;

"Registrar" means an officer of the court authorized by the Rules of Court to exercise the power or function or to perform the duty of Registrar;

"ship" includes any description of vessel used in navigation.

Order II

Form and Commencement of Suits

1.    (1)     Every admiralty action filed in the Court shall be commenced by a writ of summons signed by a Judge or other officer empowered to sign summonses.

(2)     The writ shall be issued by the Registrar or other officer of the Court empowered to issue summons upon receipt of written Particulars of Claim filed by a plaintiff.

2.    (1)     Every writ of summons in an action in rem shall be accompanied by a Statement of Claim.

(2)     In an action in personam, it shall be sufficient for the Plaintiff to state his claim in his application in writing for the writ of summons briefly in a general form, or he may deliver to the Registrar at the time of making the application for the writ of summons, particulars of his claim in any form which shall give the defendant reasonably sufficient information as to the details thereof and such statement shall be affixed to Form 'A' specified in the Schedule to these Rules.

3.    (1)     A document filed in or issued out of the Court in an admiralty proceeding shall include as part of the heading of the document, the words "In Admiralty".

(2)     Where the action is an action in rem, a document filed shall contain the heading "Admiralty Action in Rem".

(3)     A proceeding commenced as an action in personam shall not be commenced by the same initiating process as the process by which a proceeding is commenced as an action in rem.

4.     A writ shall be effective for service for a period of 12 months after it is issued and may not be served after that time without leave of the court.

5.     (1)     A limitation proceeding shall be commenced as an action in personam.

(2)     At least one of the respondents shall be named as respondent in the writ.

(3)     Other respondents need not be so named but may be identified as respondents in the writ by reference to their being members of a specified class of persons.

(4)     The writ need not be served on respondents so identified.

6.     (1)     No formal appearance need be filed but a Return Date shall be fixed by the Court not more than 21 days after the issue of a writ, on which date any party served with the writ shall appear in court or he represented by Counsel.

(2)     Where the writ is served simultaneously with an order for the arrest of any ship or property, an interested person may apply for the release of the arrested ship or property and the Court shall, within 3 days of the filing and serving the application for release of the ship or property, entertain the said application.

(3)     In application for the release of the arrested ship or property shall be heard by the Judge who ordered the arrest or, in his absence, by another judge.

Order III

Preliminary Acts

1.     In an action to enforce a claim for damages arising from loss of a ship or damage done to or by a ship following a collision between two or more ships, each party shall file a preliminary act, unless the Court otherwise orders.

2.     The preliminary act shall contain the following particulars-

(a)     the names of the ships which came into collision and their ports of registry ;

(b)     the date and time of the collision ;

(c)     the place of the collision;

(d)     the direction and force of the wind;

(e)     the state of the weather ;

(f)     the state, direction and force of the tidal or other current;

(g)     the course steered and speed through the water of the ship when the other ship was first seen or immediately before any measure was taken with reference to her presence, whichever was the earlier;

(h)     what light or combination of lights (if any) of the other ship was first seen ;

(i)     the distance and bearing of the other ship if and when her echo was first observed by radar ;

(j)     the distance, bearing and approximate heading of the other ship when first seen;

(k)     what other lights or combination of lights (if any) of the other ship were subsequently seen before the collision, and when;

(l)     what alterations (if any) were made to the course and speed of the ship after the earlier of the two times referred to in sub-paragraph (k) of this rule up to the time of the collision, and when, and what measures (if any) other than alterations of course or speed, were taken to avoid the collision, and when ;

(m)     the heading of the ship, the parts of each ship which first came into contact and the approximate angle between the two ships at the moment of contact;

(n)     what sound signals (if any) were given, and when;

(o)     what sound signals (if any) were heard from the other ship, and when.

3.     The plaintiff shall file his preliminary act within 7 days after the commencement of the proceeding and the other parties shall file their preliminary acts before filing any pleading.

4.     A preliminary act shall be filed in a closed envelope that has been sealed with the seal of the Court and bears the date of filing.

5.    (1)     Where the plaintiff fails to file a preliminary act, the Court may, on an application, dismiss the proceeding or make such order on such terms as it thinks just.

(2)     Where a defendant fails to file a preliminary act, the plaintiff may take the same step in the proceeding as may e taken in relation to a defendant who has failed to file a defense.

(3)     In proving his case in pursuance to paragraph (2) of this rule, the plaintiffs evidence may, unless the Court otherwise orders, be given by affidavit.

6.     The Court may at the stage of the proceeding after pleadings have been closed, on application or of its own motion, order that the Registrar open the envelopes containing the preliminary acts and may make such further order or orders as are appropriate.

Order IV

Parties

1.    (1)     The writ in a proceeding commenced as an action in rem shall specify a relevant person in relation to the maritime claim concerned as a defendant and shall be in Form B in the Schedule to these Rules.

(2)     The specification may be by reference to ownership of or other relevant relationship with the ship or other property concerned therewith.

2.     The writ in a proceeding commenced as an action in rem against a ship or other property shall identify the ship or Property.

3.    (1)     Where the action is commenced against a sister ship, the ship in relation to which it is a sister ship shall also be identified in the initiating process.

(2)     A writ may identify more than one ship as a sister ship.

4.     (l)      The powers of the Court in relation to amendment of process and joinder of parties shall extend to-

(a)     making an order, on such terms as are just;

(b)     substituting for a defendant identified in rule 2 of this Order some other person ; and

(c)     substituting for a ship some other ship.

(2)     Where the writ in a proceeding is amended by substituting for a ship some other ship, the proceeding shall be taken to have been commenced against the other ship at the time specified in the order or, if no time is specified, at the time when the order was made.

Order V

Service of Process

1.     The writ in proceeding commenced as an action in rem against a ship or other property that is at the time of service on board a ship shall be served by securely affixing a sealed copy of the process to a mast or some other conspicuous part of the ship, or delivering the same to the master of the ship.

2.    The writ in a proceeding commenced as an action in rem against any property that is not, at the time of service, on board a ship shall be served by securely affixing a sealed copy of the process to the property or to a package or container containing the property.

3.     If access to the ship or property cannot reasonably be obtained, the process may be served on the ship or property by-

(a)     handing a sealed copy of the process to a person apparently in change of the ship or property ; or

(b)     if that person refuses to accept service, placing a sealed copy of the process down in the person's presence and telling the person what the document is.

4.     In the case of every arrest of a ship or other property, the appropriate officer of the Nigerian Ports PLC shall be served with a copy of the court order.

5.     The writ, in a proceeding commenced as an action in rem against the proceeds of sale of a ship or other property that has been paid into court, shall be served by filing a sealed copy of the process in the court in which the proceeds are held.

6.     Where-

(a)     a proceeding is commenced as an action in rem against a ship or other property ;and

(b)     a caveat against the arrest of the ship or property is in force or, after the proceeding is commenced, is filed, a sealed copy of the writ shall be served on the caveator as soon as practicable after the person on whose behalf it was issued becomes aware of the existence of the caveat.

7.     The Admiralty Marshal shall effect the service of a writ in a proceeding commenced as an action in rem against a ship or other property.

8.     In a proceeding commenced as an action in rem, a court shall not order substituted service of the writ that is to be served on a ship or other property.

9.     Initiating process in a proceeding commenced as an action in rem may be served on any day.

10.    Where a writ in a proceeding commenced as an action in rem has been amended, the amended writ shall, unless the Court otherwise orders, be served on each person on whom, and on each ship or on the property, on which the writ was served.

11.    Where, in a proceeding commenced as an action in rem against a ship or other property, a solicitor acting for a defendant in the proceeding or the owner of the ship or property undertakes in writing to accept service, of the writ, or any other instrument, in relation to the proceeding, the process or instrument may be served on the solicitor in anyway in which other process of the court may be served on the solicitor or instead of being served as elsewhere provided in these Rules or as the case may be.

12.     Where-

(a)     an action in rem is commenced against a ship or other property which has been abandoned in Nigeria; or

(b)    an action in personam is filed against a defendant who does not reside in or carry on business in Nigeria through an agent, the Court may order service on such defendant or the owner of such ship or property at the address of his last known place of business by a reputable courier company operating a courier service between Nigeria and the country of the place of business.

Order VI

1.     A caveat against the arrest of a ship or other property may be filed in the Registry in Form C in the Schedule to these Rules.

2.     The caveat shall not be filed unless the Registrar is satisfied (whether because of an undertaking in writing given by the caveator or by a solicitor, or for other sufficient reason) that the caveator shall in any proceeding of the kind specified in the caveat that is commenced as an action in rem against the ship or property-

(a)     appear to the suit ; and

(b)     provide bail.

3.     Without limiting the power of the Registrar under rule 2 of this Order, the Registrar may be satisfied as mentioned in that rule if there is produced to the Registrar an undertaking in writing to satisfy any judgment for the amount specified in a caveat, being an undertaking given by-

(a)     a protection and indemnity association that is a member of the International Group of Protection and Indemnity Association ;or

(b)     a bank within the meaning of the Banks and Other Financial Institutions Decree 1991 carrying on banking business in Nigeria ; or

(c)     an insurance company of repute carrying on business in Nigeria.

4.    (1)    The filing of a caveat shall constitute an undertaking by the caveator-

(a)     to appear in any proceeding of a kind specified in the caveat that is commenced as an action in rem against the ship or other property specified in the caveat; and

(b)     to provide bail,

(2)     The undertaking shall be enforceable by the Court in which the proceeding is commenced.

5.     (1)     This rule shall apply where

(a)     a caveat against the arrest of a ship or other property is in force;

(b)     under these Rules, a writ has been served on the caveator;

(c)     the proceeding is a proceeding of a kind specified in the caveat; and

(d)     the caveat specifies an amount not less than the amount claimed.

(2)     Within 3 days after having been so served, the caveator shall, unless otherwise agreed in writing between the caveator and the plaintiff-

(a)     pay into court an amount equal to-

(i)     the amount claimed; or

(ii)     the amount specified in the caveat, whichever is less; or

(b)     cause a bail bond to be entered into as in Form D in the Schedule to these rules.

(3)     A caveator who fails to comply with paragraph (2) of this rule shall be taken to have failed to appear in the proceeding within the time limited for appearing.

6.     The fact that there is a caveat against arrest in force shall not prevent the arrest of the ship or property to which the caveat relates.

7.     Where a ship or other property is under arrest in a proceeding, a person may file in the Court a caveat against the release from arrest of the ship or property in lieu of obtaining a further arrest of that ship or property.

8.    Where any property with respect to which a caveat against arrest is in force is arrested in pursuance of a warrant of arrest, the party at whose instance the caveat was entered may apply to the Court by, motion for an order under this rule, and on the hearing of the application, the Court unless it is satisfied that the party procuring the arrest of the party had a good and sufficient reason for so doing, may by order discharge the warrant and may also order the party at whose instance the property was arrested to pay to the applicant damages in respect of the loss suffered by the applicant as a result of the arrest.

9.    (1)     Unless sooner withdrawn or set 2side. a caveat remains in force for a period of 12 months or such shorter period, not being less than 7 days, as is specified in the caveat.

(2)     Paragraph (1) of this rule shall not prevent the filing of a further caveat.

10.     A caveator may withdraw a caveat by filing an instrument of withdrawal of the caveat.

11.    (1)     The Registrar shall establish and maintain a register, to be known as the Register of Caveats Against Arrest.

(2)     The Registrar shall establish and maintain a register to be known as the Register of Caveats Against Release.

(3)     Any register established under paragraphs (1) and (2) of this rule may be inspected by any person, without charge.

Order VII

Arrest of Ships and other Property

1.    (1)     A party to a proceeding commenced as an action in rem may by motion ex parte apply for an arrest warrant in respect of the ship or other property against which the proceeding was commenced.

(2)     The application shall be supported by an affidavit of the applicant or of a solicitor or agent of the applicant which shall disclose a strong 

2.    (1)     Subject to this rule, the court may issue an arrest warrant.

(2)     Except by leave of the Court, an arrest warrant shall not be issued if the Court is made aware that-

(a)    a caveat against the arrest of the ship or other property is in force and-

(i)    the proceeding is a proceeding of a kind specified in the caveat;

(ii)     the caveat specifies an amount not less than the amount claimed by the applicant; and

(iii)     the caveat has not expired;

(b)     the proceeding is stayed because payment has been made into court; or

(c)     a bail bond of not less than the amount claimed by the party has been filed.

(3)     The court may allow an arrest warrant to issue although all the conditions required by paragraph (2) of this rule have not been complied with.

3.    (1)     An arrest warrant shall not, be executed for more than 6 months after it was issued.

(2)     Paragraph (1) of this rule shall not prevent the issue of a further arrest warrant.

4.    (1)     An arrest warrant shall be executed only by the Admiralty Marshall.

(2)     An arrest shall not be executed on a ship or other property unless the writ in the proceeding concerned has previously been served, or is to be served concurrently with the execution of the warrant, on the ship or property.

(3)     A ship or other property may be arrested in a proceeding after judgement has been given in the proceeding.

(4)     The Admiralty Marshal shall not execute an arrest warrant if the applicant so requests in writing or the Court so orders.

(5)     Where an arrest warrant that specifies a ship or other property has been issued, the Court may, on the application of-

(a)     the caveator if a caveat against the arrest of the ship or property is, at the time of the application, in force; or

(b)     in any case, an interested person in relation to the ship or property and on such terms are just,

that the arrest warrant be discharged, or be not executed, or be not executed within a specified time.

5.     A ship or other property specified in an arrest warrant as in Form E in the Schedule to these Rules shall be under arrest from the time when the warrant is executed until it is lawfully released from arrest or is sold by the order of the Court.

6.     Execution of an arrest warrant shall be verified by affidavit.

7.     An arrest warrant may be executed on any day.

Order VIII

Custody of Ships and Property under Arrest

2.     (1)     Whilst a ship is under arrest pursuant to these Rules, no port or other dues shall be payable by an interested person to any person and no application for the same shall be entertained by the Court.

(2)    The Admiralty Marshal shall pay for all services supplied at his request to the arrested ship by the Nigerian Ports PLC or any other person necessitated by the arrest.

(1)     The fees and expenses of the Admiralty Marshal shall be paid by the arresting party.

(2)     Where a person is liable to pay fees or expenses, the Admiralty Marshall may-

(a)     accept an amount of money not exceeding N5,000 as a deposit towards discharging the liability ; and

(b)     make one or more demands for interim payments on account of those fees and expenses.

(3)     Where another party arrests the arrested ship or files a caveat against arrest, he shall be jointly and severally liable with the first arrester to pay the Admiralty Marshal's expenses.

4.    (1)     The Admiralty Marshal, in arresting a strip or other property, shall, subject to the Decree and these Rules, have the custody of the ship or property,

(2)     The Admiralty Marshal shall, unless the Court otherwise orders, take all appropriate steps to retain custody of, and to preserve, the ship or property, including-

(a)    removing from the ship, or storing, cargo that is under arrest;

(b)     removing cargo from a ship that is under arrest and storing it ;

(c)    removing, storing or disposing of perishable goods that are under arrest or are in a ship that is under arrest ; and

(d)     moving the ship that is under arrest.

5.    (1)     Where the Admiralty Marshal has the custody of a ship or other property he or a party may at any time apply to the Court for directions with respect to the ship or property.

(2)     Notice of an application (not being an application for the release from arrest of property) made by a person, other than the Admiralty Marshal, shall be served on the Marshal.

(3)     The Court may order the applicant to give notice of the application and of the directions, to such persons as are specified in the order.

6.    (1)     Where-

(a)    cargo on board a ship is under arrest but the ship is not

(b)     a ship is under arrest but its cargo is not,

a person who is entitled to immediate possession of the ship or the cargo, respectively, may apply to the Court to discharge the cargo from the ship

(2)     Where-

(a)     the Court is satisfied that the applicant is entitled to immediate possession of the ship or the cargo, as the case may be;

(b)     the applicant gives an undertaking in writing satisfactory to the Admiralty Marshal to pay on demand to the Marshal any fees and expenses of the Marshal in connection with the discharge ; and

(c)    if the court so requires, the applicant indemnifies the Marshal, in a form satisfactory to the Marshal in respect of any claim against the Marshal arising from the discharge, the Court may order the discharge.

(3)     Where-

(a)     cargo on board a ship is under arrest but the ship is not ; or

(b)     a ship is under arrest but its cargo is not,

the Court may, on application of time plaintiff and subject to such terms and conditions as are just, order the discharge.

7.     The Court may, at any stage of a proceeding, make appropriate orders with respect to the preservation, management or control of a ship or other property that is under arrest in the proceeding.

Order IX

Release from Arrest

1.    (1)     Where a ship or other property is under arrest in a proceeding and the Court is satisfie