Nigerian law of torts download ebook pdf, epub, tuebl, mobi. 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. Together, the aja and the ajpr govern admiralty matters in nigeria, with the fhc as the court of first instance. Online version of laws of the federation of nigeria 2000, that is, decrees and acts from 1990 to the present which are still in force. 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 jurisdiction act admiralty jurisdiction decree 1991. Sep 06, 20 in 1861, the indian admiralty act was enacted. Mar, 2019 the revised edition laws of the federation of nigeria act 2007 enabled effect to be given to the revised edition of the laws of the federation of nigeria 2004, according to its short title. 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. Admiralty jurisdiction act chapter a5 laws of the federation. Section 22 of the federal courts act is the primary source of the federal courts admiralty jurisdiction. The admiralty jurisdiction act 1991 empowers the federal high court to. Pdf enforcing foreign arbitration clauses in maritime. All manner of admiralty claims, procedures, service, affidavits, parties etc are set out in this supreme court act.
Admiralty jurisdiction regulation amendment act, no. May 08, 2018 nigeria now has its admiralty jurisdiction act aja18, admiralty jurisdiction procedure rules ajpr, 2011 and relevant procedure of the federal high court civil 9 hon. 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. Subject to the provisions of sections 4 and 5, the jurisdiction in respect of all maritime claims under this act shall vest in. 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. 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. Students wishing to register for this course are required to have an llb or equivalent degree. History and admiralty jurisdiction of the high courts. This act may be cited as the admiralty jurisdiction act. 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. The jurisdiction conferred by the colonial courts of admiralty act 1890 was the jurisdiction of the high court of admiralty immediately before the judicature act that is the narrowly confined jurisdiction as at 1840, somewhat expanded by the admiralty acts of 1840 and 1861. Admiralty jurisdiction regulation act 105 of 1983 page 1 of 15. The plea of allocutus in nigerian criminal law allocutus is a plea made in criminal trials in order to mitigate the sentence or punishment on an accused there is a similar provision in the administration of criminal justice. Constitution of the federal republic of nigeria 1999.
In nigeria, maritime matters and services are covered by a considerable number of federal laws. This update discusses the main provisions of the new rules. 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. New developments in the admiralty jurisdiction of the federal high. Thus, where a claim for injuries sustained arises in admiralty, it cannot be brought under the federal tort claims act. Students wishing to register for this course are required to have an. Admiralty jurisdiction regulation act 5 of 1972 namibia. Effect of admiralty jurisdiction extension act admiralty. While each legal jurisdiction usually has its own legislation governing maritime matters, the. Revised laws of the federation of nigeria and lagos 1958, vol. The practice and jurisdiction of the court of admiralty. Sea collision rules and damage liabilities in nigeria international. We have again invited contributions on the law of leading maritime nations, including both major flag states and the countries in which most shipping companies are located.
The high court in england entertains admiralty matters under the supreme court act 1981, which by virtue of section 4 above, this high court exercises its admiralty jurisdiction. 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 the whole chapter, so far as unrepealed, was repealed by section 102 of, and part i of schedule 3 to, the criminal law. 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. 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. Administrative staff college of nigeria act cap a 4 l. Legislations relevant to the jurisdiction of the federal high. 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. Of particular importance is the courts jurisdiction under the admiralty act 1988 cth the admiralty act. Ever since nigerias admiralty jurisdiction act aja came into force much controversy has ensued over the enforceability of foreign arbitration clauses in maritime contracts. In nigeria, we also adopt the provisions of our merchant shipping act, 2007, which repeals the very old legislation of 1886 i. Pdf admiralty jurisdiction under the 1990 nigerian. The key to south african admiralty jurisdiction and practice is the maritime claim, whose definition will be found in the admiralty jurisdiction regulation act 1983 read with the admiralty court rules of 1997. Indeed, admiralty flourished in the united states when constitutional foresight and judicial enterprise severed the jurisdiction from its historical restraints.
Extension of jurisdiction to cases of damage or injury on land. Admiralty jurisdiction act chapter a5 laws of the federation of nigeria 1 extent of the admiralty jurisdiction of the federal high court. This is because south african law did not increase its admiralty jurisdiction between the coming into effect of the 1890 colonial. Text of the constitution of the federal republic of nigeria, supreme court rules, and court of appeal rules.
Admiralty jurisdiction in the federal courts of nigeria. This site is like a library, use search box in the widget to get ebook that you want. Admiralty jurisdiction of the courts for which the local legislation provides. 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. Legislations relevant to the jurisdiction of the federal. Together, the aja and the ajpr govern admiralty matters in. Article pdf available in journal of maritime law and commerce. The act expressly provides that it does not apply to any claim for which a remedy is provided by the federal statutes pertaining to suits in admiralty. This compendium brings together in a single volume, abstractions from leading, and decided cases in nigeria, as well as principles from decided cases in other legal jurisdictions. The practice and jurisdiction of the court of admiralty author.
Click download or read online button to get nigerian law of torts book now. Admiralty jurisdiction was for the sake understanding referred to as explained in a previous act i. 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. Pdf admiralty jurisdiction in the federal courts of nigeria. Master of laws llm in access to public legal information comparative legal research on the united kingdom and nigeria. An act to make provision with respect to the jurisdiction in admiralty of the high court of new zealand and of the district court, and the jurisdiction in prize of the high court title. 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. Nigeria now has its admiralty jurisdiction act aja18, admiralty jurisdiction procedure rules ajpr, 2011 and relevant procedure of the federal high court civil 9 hon. 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.
Inthis broad sense, the term maritime law accommodates the entire body of laws, rules, legal concepts and processes that relate to the use of marine resources. Admiralty jurisdiction part 1 that a judicial jurisdiction in admiralty should have survived its long and tortuous history is testimony of its usefulness to maritime commerce. This act may be cited as the admiralty jurisdiction act, no. 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. Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Home files admiralty jurisdiction act admiralty jurisdiction decree 1991.
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. Nigerias source of admiralty jurisdiction is traceable to the colonial courts of admiralty act 1890. Admiralty jurisdiction procedure rules 1993 nigerialaw. Associate professor g bradfield course entry requirements. 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. However, the registration in nigeria of foreign vessels bareboat charteredin by. Other applicable laws are the admiralty jurisdiction act, 1991, and the admiralty jurisdiction procedures rules 2011. Admiralty jurisdiction act an act relating to the admiralty jurisdiction of the high court commencement. 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 nigerian law intellectual.
Act contemplated by section 61a encounters a heavy weather. Download administration of criminal justice law of lagos. Republic of nigeria 19993 and section 21 of the admiralty jurisdiction act aja 19914 which empower the cjf to make rules of practice and procedure for the fhc and to carry into effect the objects of the aja. Leesi ebenezer mitee holds a doctor of philosophy degree phd in international human rights law, legal informatics the application of information technology to legal processes and legal information systems, indigenous customary law, and indigenous rights.
Admiralty jurisdiction procedure rules 2011 akabogu. Be it enacted by the parliament of the democratic socialist republic of sri lanka as. Admiralty act 1973 no 119 as at 01 march 2017, public. Innovation or incongruity under the admiralty jurisdiction act 1991. 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. In nigeria, the merchant shipping act 2007, has provided a guideline on how. The admiralty jurisdiction extension act provides that admiralty jurisdiction of the federal district courts extends to include all cases of damage or injury to person or property caused by a vessel on navigable waters, notwithstanding that such damage was done or consummated on land. Pdf n advance fee fraud and other fraud related offences act cap. Admiralty act 1973 no 119 as at 01 march 2017, public act. The new admiralty jurisdiction procedure rules recently came into force, repealing the previous rules of 1993. Introduction to maritime law and admiralty jurisdiction.