SHIP ARREST: AN EXAMINATION OF CAUSE AND LEGAL IMPLICATION VIS À-VIS RIGHTS AND OBLIGATIONS OF PARTIES

Abstract

No doubt, the high mobility of ship from one country to another, port to port and easily out of the jurisdiction of their courts coupled with change in its ownership with ease are clear indications that efforts by a claimant to enforce a claim without the opportunity to have the ship in his custody, for realistic purposes may be futile. Thus, where a claim that involves a ship is before a court, the claimant’s ability to successfully prosecute and realize such claim mostly depends on the availability of a valuable asset (usually the ship), within the legal reach of the court that can be disposed by the court to pay a claimant. Therefore, ship arrest is a legal mechanism that prevents anyone from moving the ship in order for it to serve as security for a claim. Hence, this paper aims at examining the basis of ship arrest, its legal implications thereby exposing the rights and obligations of parties.

 

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