31 Jan 2012
CHIMBUSCO PAN NATION PETRO CHEMICAL CO LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL ‘DECURION’
- Citation
- CHIMBUSCO PAN NATION PETRO CHEMICAL CO LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL ‘DECURION’
- Court
- Court of Appeal
- Case number
- CACV198/2011
The Court of Appeal allowed the appeal because the judge erred in exercising discretion by failing to consider relevant matters (plaintiff's delay, first application by defendants and a meritorious jurisdictional challenge); defendants were deprived of the opportunity to contest in rem jurisdiction and therefore the orders refusing extension and granting default judgment were set aside and defendants given 14 days to file a defence.