Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

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

AI Generated Summary

In this admiralty and contract dispute, the owners of the vessel MT DOLICHA BAY sued the charterer identified as the 2nd Defendant for unpaid hire under a time charter party dated 17 November 2017. The charter required a daily hire of US$11,500. Evidence showed arrears of US$753,964.26 as of 1 September 2018 and repeated unanswered demands for payment. The charter included a lien clause over cargoes, freights, sub‑freights, and demurrage for amounts due. Finding default, the court held the Plaintiffs’ rights had accrued, entered judgment for the arrears, awarded continuing daily hire from 2 September 2018 until payment, and ordered the Registrar to sell the cargo aboard MT DOLICHA BAY and apply proceeds to satisfy the outstanding hire and costs, with any balance kept for the 2nd Defendant. The court also awarded GH¢300,000 costs to the Plaintiffs.

CIVIL APPEAL NO: