NIGERIA Law and Practice Contributed by: Adedoyin Afun and Michael Abiiba, Bloomfield LP
Bloomfield LP 15, Agodogba Avenue Parkview Ikoyi Lagos Nigeria Tel: +234 706 4379 421 Email: adedoyin.afun@bloomfield-law.com Web: www.bloomfield-law.com
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts The main domestic laws establishing the author - ity of the admiralty courts in Nigeria are the Constitution of the Federal Republic of Nige - ria 1999 (as amended) (the “Constitution”), the Admiralty Jurisdiction Act (AJA) and the Federal High Court (FHC) Act, which vests the FHC with exclusive jurisdiction over first-instance maritime and shipping matters in Nigeria. All appeals from the FHC (including shipping disputes) go to the Court of Appeal of Nigeria, and, thereafter, to the Supreme Court of Nigeria. The common maritime claims in Nigeria are pro - prietary and general maritime claims as defined by the AJA. Proprietary maritime claims relate to the title, ownership, possession or mortgage of a ship, a share in a ship or its freight, and the enforcement of a judicial decision made against a ship. General maritime claims include: • claims for damage done or received by a ship;
• claims for crew wages; • claims by a master, shipper, charterer or agent in respect of disbursements on account of a ship; • claims in respect of goods, materials or services (including stevedoring and lighterage services) supplied or to be supplied to a ship for its operation or maintenance; • claims for loss of or damage to goods carried by a ship; • claims arising out of agreements relating to the carriage of goods or persons by a ship or to the use or hire of a ship, whether by char - terparty or otherwise; • claims arising out of the acts or omissions of the owners or charterer of a ship; • claims for loss of life, or for personal injury sustained in consequence of a defect in a ship or in its apparel or equipment; • claims in respect of the construction of a ship (including such a claim relating to a vessel before it was launched); • claims for the enforcement of, or claims aris - ing out of, arbitral awards (including foreign awards in relation to proprietary or general maritime claims);
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