Nov 01, 20 as another example, the plaintiff who files suit in federal court and invokes the courts admiralty jurisdiction is not entitled to a jury trial and the case will be decided by the judge. In nigeria, we also adopt the provisions of our merchant shipping act, 2007, which repeals the very old legislation of 1886 i. This act may be cited as the criminal justice adminis short title. The admiralty jurisdiction does not provide for security for maritime claims other than stipulated under the act.
To vest the powers and jurisdiction of the admiralty courts of the republic in the provincial and local divisions of the supreme court of south africa. An act to consolidate the laws relating to admiralty jurisdiction, legal proceedings in connection with vessels, their arrest, detention, sale and other matters connected therewith or incidental thereto. With the judiciary act, though, congress placed admiralty under the jurisdiction of the federal district courts. The practice and jurisdiction of the court of admiralty author. Effect of admiralty jurisdiction extension act admiralty. Criminal procedure 241 all indictments preferred at the circuit courts shall as to ndlct. Nigerias source of admiralty jurisdiction is traceable to the colonial courts of admiralty act 1890.
History and admiralty jurisdiction of the high courts. The supreme court act 1981 recast the admiralty jurisdiction of the high court previously laid down in the administration of justice act 1956, and without diverting into specific examples its overall effect is to remove any lingering common law restraints upon the exercise of maritime jurisdiction by the admiralty. Admiralty jurisdiction law and legal definition uslegal, inc. Associate professor g bradfield course entry requirements. Limitation brought under section 363, merchant shipping act, 1990, section 9 of the admiralty jurisdiction act, 1991, order. Admiralty jurisdiction of a court is therefore the authority which a court has to decide on any admiralty matter submitted before it for adjudication. Of particular importance is the courts jurisdiction under the admiralty act 1988 cth the admiralty act. Admiralty jurisdiction regulation act 105 of 1983 afrikaans text signed by the state president as amended by admiralty jurisdiction regulation amendment act 87 of 1992 general law amendment act 9 of 1992 wreck and salvage act 94 of 1996 south african maritime safety authority act 5 of 1998 sea transport documents act 65 of 2000. Admiralty jurisdiction of the courts for which the local legislation provides. Be it enacted by the parliament of the democratic socialist republic of sri lanka as follows. Without a maritime claim as defined by the act, a litigant has no recourse in admiralty in south africa nor does the high court in admiralty have jurisdiction. The only court that exercises admiralty jurisdiction in nigeria is the federal high court section 7 federal high court act, lfn 2004.
Provided that this act shall not apply to an inland vessel defined in clause a of subsection 1 of section 2 of the inland vessels act, 1917. In addition to the provision of the constitution of the federal republic of nigeria, section 7 of the federal high court act and section 11 a of the admiralty jurisdiction act 1991 confer on the federal high court the jurisdiction to hear and determine any question relating to a proprietary interest in a ship or any admiralty claim. Iclg enforcement of foreign judgments laws and regulations nigeria covers common issues in enforcement of foreign judgments laws and regulations through the detailing of the general enforcement regime, enforcement regime applicable to judgments from certain countries, and methods of enforcement in 35 jurisdictions. Section 22 of the federal courts act is the primary source of the federal courts admiralty jurisdiction. Section 2511 g of the 1999 constitution of the federal republic of nigeria confers exclusive jurisdiction on the federal high court to hear and determine admiralty disputes in nigeria. The current statutory grant of admiralty jurisdiction, 28 u. Admiralty jurisdiction admiralty jurisdiction an act to amend and consolidate the law relating to admiralty jurisdiction, legal proceedings in connection with ships and the arrest of ships and other property and to provide for all matters connected therewith. In addition to the provision of the constitution of the federal republic of nigeria, section 7 of the federal high court act and section 11a of the admiralty jurisdiction act 1991 confer on the federal high court the jurisdiction to hear and determine any question relating to a proprietary interest in a ship or any maritime claim specified in section 2 of the admiralty jurisdiction act. The admiralty jurisdiction act 91 15 ric 2 c 3 was an act of the parliament of england the words from the beginning of the chapter to his lieutenant in anywise were repealed by section 2 of, and part i of the schedule to, the civil procedure acts repeal act 1879. Under a 1789 act of congress, state courts were authorized to decide many, but not all, types of maritime cases. The sister ship arrest envisaged by the arrest convention, 1952 is. Admiralty and maritime law federal judicial center. The supreme court act 1981 recast the admiralty jurisdiction of the high court previously laid down in the administration of justice act 1956, and without diverting into specific examples its overall effect is to remove any lingering common law restraints upon the exercise of maritime jurisdiction by the admiralty court. Cmi ship finance questionnaire submission by nigerian maritime law association may 2018.
Congress enacted the extension of admiralty jurisdiction act in 1948. Admiralty law is a distinct body of law that governs maritime questions and offenses. As a result of the admiralty jurisdiction regulation act, a foreign claimant is allowed access to the south african court in admiralty and for the first time an asset situated within the jurisdiction would be sufficient to found the jurisdiction of the court in an action between two foreigners. If a court regards a matter as essentially a common law cause, without its nature or subject matter being marine or maritime, the court will disallow jurisdiction in admiralty. Under the admiralty act, the court may hear and determine proprietary and general maritime claims, as well as claims for damage done to a ship. Admiralty extension act of 1948 aea law and legal definition the admiralty extension act aea is a statute of 1948 which extends admiralty jurisdiction inland to include all cases in which damage or injury is caused by a vessel on navigable water, regardless of where the injury or damage occurred.
These courts functioned separately from courts of law and equity. Admiralty jurisdiction law and legal definition uslegal. Other applicable laws are the admiralty jurisdiction act, 1991, and the admiralty jurisdiction procedures rules 2011. The main objectives of the new rules are to adapt to the current needs of the shipping industry and to align with modern shipping practices around the world. Territorial extent of admiralty and maritime jurisdiction. Admiralty jurisdiction act an act relating to the admiralty jurisdiction of the high court commencement. Prior to the promulgation of the admiralty jurisdiction decree 1991, nigeria relied on the colonial admiralty act of 1890 and the nigerian courts also applied the administration of justice act, 1956 referred to above in exercise of their in rem jurisdiction. The new admiralty jurisdiction procedure rules recently came into force, repealing the previous rules of 1993. Legislations relevant to the jurisdiction of the federal high. Pdf enforcing foreign arbitration clauses in maritime. Federal revenue courtlimit of jurisdiction in admiralty matters. An act to establish the federal high court as a high court with certain special powers and to provide for all other matters connected therewith. Admiralty jurisdiction regulation amendment act, no.
Extension of jurisdiction to cases of damage or injury on land. The act provides that the admiralty and maritime jurisdiction of the united states shall extend to and include all cases of damage or injury, to person or property, caused. Legislations relevant to the jurisdiction of the federal. The present nigerian position as seen above, however, is based on section 2511g of the 1999 constitution and statutes like the admiralty jurisdiction act 1991 and the federal high court act 2004, as amended. Admiralty jurisdiction act chapter a5 laws of the federation. In that situation, the federal and state courts are said to have concurrent jurisdiction. State courts can decide admiralty cases if the remedy being sought was available under common law. The judicature supreme court act arrangement of sections preliminary 1. Admiralty law in the united states developed from the british admiralty courts present in most of the american colonies. Enforcement of foreign judgments 2020 nigeria iclg. Subsection 221 is a general grant of concurrent jurisdiction to hear and determine any case in which a claim for relief is made or a remedy is sought under or by virtue of canadian maritime law. Nigeria s source of admiralty jurisdiction is traceable to the colonial courts of admiralty act 1890. Although he was a vigorous exponent of the expansion of admiralty jurisdiction, justice story for the court in the steamboat thomas jefferson947 adopted a restrictive english rule confining admiralty jurisdiction to the high seas and upon rivers as far as the ebb and flow of the tide extended. Ever since nigeria s admiralty jurisdiction act aja came into force much controversy has ensued over the enforceability of foreign arbitration clauses in maritime contracts.
Colonial courts of admiralty act 1890 and is, under subsection 2 of the said act, and subject to the provisions thereof, over the like places, persons, matters and things as the admiralty jurisdiction of the high court in england, whether existing by virtue of any statute or otherwise and. This act may be cited as the admiralty jurisdiction act. Admiralty jurisdiction act chapter a5 laws of the federation of nigeria 1 extent of the admiralty jurisdiction of the federal high court. This paper considers the recent developments in nigerian ship arrest law the admiralty jurisdiction procedure rules ajpr 2011 for the federal high court of nigeria. Admiralty wex us law lii legal information institute. Prior to the adoption of the act, admiralty jurisdiction did not extend to injuries caused by a vessel to persons or property on the land and where the cause of action arose upon the. The act is meant to expand jurisdiction to include shiptoshore torts and does not affect or amend federal or concurrent state jurisdiction of maritime torts. With respect to admiralty, the admiralty jurisdiction act lists subject matters the jurisdiction of the federal high court can attain, whereas a closer appreciation of the admiralty jurisdiction act leaves us with many areas of admiralty that were not listed in the act. The extension of admiralty jurisdiction act eaja, however, extends admiralty jurisdiction to include all cases of damage or injury, to person or property, caused by a vessel on navigable water, notwithstanding that such damage or injury.
Admiralty jurisdiction procedure rules 1993 nigerialaw. Home files admiralty jurisdiction act admiralty jurisdiction decree 1991. Cmi ship finance questionnaire submission by nigerian. Admiralty jurisdiction regulation act 5 of 1972 namibia. Constitution, judges, osjicers, their salaries, the seal and osjices of the supreme court 4. Students wishing to register for this course are required to have an. Securities act or the government promissory notes act, raise loans in nigeria, the proceeds of which after deducting expenses in raising the loans, shall be paid to the development fund mentioned in the finance control and management act, and, notwithstanding the provisions of that act relating to the purposes for which the fund. Admiralty jurisdiction procedure rules 1993 commencement. This update discusses the main provisions of the new rules.
The claimant claims against the defendant, among other things, damages for negligence by the tug north, breach of contract and a maritime lien over the tug north pursuant to the shipping act. Admiralty jurisdiction procedure rules 2011 akabogu. This act may be cited as the admiralty jurisdiction act, no. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using oceangoing ships. If the same suit could be filed in state court under the 1789 act, it could be tried to a jury. The admiralty and maritime jurisdiction of the united states extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land. Acts done partly within and partly beyond the jurisdiction. Admiralty jurisdiction in tort cases navigable waters of the united states there has never been any doubt that admiralty jurisdiction extends to the high seas and the territorial seas. The associated ship and the jurisdiction to arrest such a ship created in terms of the admiralty jurisdiction regulation act 105 of 1983 is a unique legal institution in the world of maritime law and jurisdiction. While each legal jurisdiction usually has its own legislation governing maritime matters, the. It is a body of both domestic law governing maritime activities, and private international law governing the relationships between.