Case Note & Summary
The plaintiff, M/s. Five Ocean Ship Repairing & Marine Services LLC, filed an admiralty suit against the vessel MT 'SYMPHONY 1' (ex. MT 'ARABIAN LADY') and its owner (defendant no. 2) for recovery of UAE DHS 60,242/- for repair work carried out on four sister vessels owned by the same owner. The plaintiff alleged that at the request of defendant no. 2, it agreed to carry out repairs on vessels MT ARABIAN QUEEN, MT SHAMSA, MT ARABIAN VICTORY, and MT ARABIAN BEAUTY. The work was completed and certified satisfactory by the master/chief officer of each vessel. Invoices were issued but payment was not received. The plaintiff sought to arrest and sell the defendant vessel, which was also owned by defendant no. 2, to satisfy the claim. The court, exercising admiralty jurisdiction, allowed the suit and ordered the sale of the vessel to recover the amount due.
Headnote
A) Admiralty Law - Sister Vessel Action - Maritime Claim for Necessaries - The plaintiff sought recovery of repair costs for four sister vessels by arresting the defendant vessel, which was also owned by the same owner. The court held that under admiralty law, a claim for necessaries supplied to a vessel can be enforced against a sister vessel owned by the same person. The court allowed the suit and ordered the sale of the defendant vessel to satisfy the claim. (Paras 1-3)
Issue of Consideration
Whether the plaintiff is entitled to recover repair costs for sister vessels by arresting the defendant vessel under admiralty jurisdiction.
Final Decision
The court allowed the suit and ordered the sale of the defendant vessel to satisfy the claim of UAE DHS 60,242/- with interest.
Law Points
- Admiralty jurisdiction
- Sister vessel action
- Maritime claim for necessaries
- Arrest of vessel
