[2017] KEHC 6078 (KLR)
The court determined that it lacked jurisdiction to entertain the claim in rem because the vessel and its cargo were located outside Kenyan territorial waters. The court emphasized that its admiralty jurisdiction is confined to matters arising within the high seas or territorial waters as defined by Kenyan law. Any...
Source-derived case information.
- Citation
- [2017] KEHC 6078 (KLR)
- Parties
- Claimant: Ali Daud Mohamed & Said Shaban Derow; Defendant: The Mediterranean Shipping Company & The Owners of the Motor Vessel "MSC Pylos & MSC TG Athena"
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Admiralty Claim 3 of 2017
- Procedural Posture
- Admiralty Claim / Ruling on Jurisdiction
- Outcome
- suit struck out for want of jurisdiction; previous orders set aside
- Judges
- CA Otieno
- Legal Topics
- Admiralty Jurisdiction, In Rem Proceedings, Territorial Waters, Enforcement of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ali Daud Mohamed & Said Shaban Derow
Claimant
The Mediterranean Shipping Company & The Owners of the Motor Vessel "MSC Pylos & MSC TG Athena"
Defendant
Procedural Posture
Admiralty Claim / Ruling on Jurisdiction
Legal Issues
- 1 Whether the High Court of Kenya has admiralty jurisdiction over a vessel and cargo located outside Kenyan territorial waters.
- 2 Whether orders previously issued in the matter were valid given the court's jurisdictional limits.
Ratio Decidendi
The court determined that it lacked jurisdiction to entertain the claim in rem because the vessel and its cargo were located outside Kenyan territorial waters. The court emphasized that its admiralty jurisdiction is confined to matters arising within the high seas or territorial waters as defined by Kenyan law. Any orders issued in respect of property outside this jurisdiction would be futile and unenforceable. Consequently, the suit was struck out and previous orders were set aside as having been made in error.
Court Disposition
suit struck out for want of jurisdiction; previous orders set aside
Orders
- The suit is struck out for want of jurisdiction.
- Orders given on 28/04/2017 are recalled and set aside.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
ADMIRALTY CLAIM NO. 3 OF 2017
ALI DAUD MOHAMED & SAID SHABAN DEROW....................CLAIMANT
VERSUS
THE MEDITERRANEON SHIPPING COMPANY & THE OWNERS OF THE
MOTOR VESSEL "MSC PYLOS & MSC TG ATHENA".........DEFENDANT
R U L I N G
1. I have re-looked at this file and asked myself the fundamental question regarding jurisdiction. The admiralty jurisdiction of this court is exercisable ‘in all matters arising in the high seas or in territorial waters, as defined under the Interpretation and General Provision Act, or upon any lake or other navigable inland water in Kenya’.
2. I understand an admiralty court to exercise the authority vested in the crown and it is beyond doubt that even those powers do not go beyond our territorial boundaries.
3. Even if I was to be blind to that reality and gave orders, this court would be totally helpless to have such orders enforced. The court shall have acted in futility. That to this court is neither desirable nor necessary.
4. I find that this claim in rem discloses that the ship and it cargo therein laden being outside the jurisdiction of this court, the court lacks jurisdiction to exercise and I have no otherwise but to have the suit struck out and the orders given on 28/04/2017 to have been given in error and are thereby recalled and set aside.
Dated and delivered at Mombasa this 02ndday of May 2017.
HON. P. J. O. OTIENO
JUDGE