MESSRS SWISS LEGEND MARITIME v. THE CARGOES ON BOARD THE MT “DOLICHA BAY” & ANR
2018
HIGH COURT
GHANA
CORAM
- SAMUEL K. A. ASIEDU
Areas of Law
- Maritime Law
- Contract Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over unpaid charter hire for the vessel "MT DOLICHA BAY". The Plaintiffs, who are the vessel owners, entered into a Time Charter Party with the 2nd Defendant. The 2nd Defendant failed to pay the agreed daily hire of $11,500.00, accumulating arrears of $753,964.26 by September 1, 2018. Despite several demands, the 2nd Defendant did not make the payments. The court ruled in favor of the Plaintiffs, ordering the Defendants to pay the outstanding amount plus daily hire from September 2, 2018 until the date of payment. Additionally, the court ordered the sale of the cargo on board the vessel to satisfy the debt, with any surplus to be held for the 2nd Defendant. The court also awarded costs to the Plaintiffs. This judgment affirms the shipowner's right to exercise a lien over cargo for unpaid charter hire and demonstrates the court's power to order the sale of cargo to satisfy such debts.
JUDGMENT
From the evidence on record the Court finds that the Plaintiffs, owners of the “MT DOLICHA BAY”, entered into a Time Charter Party with the 2nd Defendant from the 17th November, 2017 as shown by “Exhibit B” the Time Charter Party. The Court finds that under the Time Charter the 2nd Defendant is to pay a daily hire of $11,500.00. to the Plaintiffs.
From “Exhibit C series” the Court finds that the 2nd Defendant is in arrears of payment of hire in the sum of $753,964.26 up to the 1st of September, 2018 as shown by “Exhibit C4” in particular. The Court finds that under the Time Charter the Plaintiffs has agreed with the 2nd Defendant that the Plaintiffs shall have the right to exercise a lien over all cargoes and all freights, sub-freight and demurrage for any amount due under the charter party.
The Court holds therefore that the Plaintiffs’ right have accrued to them in view of the Defendants’ default in the payment of the hire to the Plaintiffs. The Court finds that the Plaintiffs have made several demands for the payment of the outstanding hire on the 2nd Defendant as shown by “Exhibit D series” but all the demands made have fallen on deaf ears.
The Court will therefore enter Judgment for the Plaintiffs against the Defendants to recover cash the sum of $753,964.26 being the accumulated outstanding hire up to 1st September, 2018. The Court will also enter Judgment for the Plaintiffs against the Defendants to recover the daily hire due the Plaintiffs from the 2nd day of September, 2018 till date of payment. The Court will also make an order that the Cargo on board the vessel “MT DOLICHA BAY” shall be sold by the Registrar of the Court and the proceeds applied to pay the outstanding hire owed the Plaintiffs together with the cost of sales and if there is any difference left, it shall be kept by the
Registrar for the benefit of the 2nd Defendant.
Costs of GH¢300,000.00 to the Plaintiffs against the Defendants.