NIGERIAN SUPREME COURT RULES THAT A CLAIM ARISING FROM AN AGREEMENT FOR THE USE OF A VESSEL IS NOT A MARITIME CLAIM

The Nigerian Supreme Court in its recent decision in TSKJ Nigeria Ltd v Otochem Nigeria Ltd (Unreported), SC 118/2009, has held that a State High Court has the jurisdiction to adjudicate over a matter arising from an agreement for the use of a vessel. The Respondent in the case, an incorporated company that carries on the business of marine construction and equipment leasing, claimed that it entered into a contract with the Appellant for the supply of a houseboat for the temporary use of the Appellant’s staff. Certain modifications were to be made to the boat before delivery. The Respondent claimed that upon completion of the modifications requested by the Appellant and delivery of the boat, the Appellant refused to settle the Respondent’s bill. The Respondent claimed that the boat was in the Appellant’s possession for 148 days. The Appellant denied the claim and stated that it did not take delivery of the boat. It also stated that the boat did not meet the required specification and that the Respondent did not meet the delivery deadline.

Read Publication