Ship Ownership Disputes and Demise Charters: Key Legal Considerations
Introduction Imagine leasing a vessel under a long-term arrangement, hiring the crew, paying for maintenance and insurance, and operating it commercially, only to face a claim from a third party alleging that the lessor was never the lawful owner. Such a dispute raises difficult questions about who is entitled to possession of the vessel and […]
The Clock and the Claim: Why Timing Matters in Maritime Indemnity and Contribution Disputes
Introduction When incidents occur at sea—whether ship collisions, cargo damage, or complex salvage operations—responsibility is rarely confined to one party. Multiple actors may share liability and determining how costs should be allocated can itself become a complex dispute. Two key legal tools help address this. The first is contribution, which allows a party who has […]
Navigating Admiralty Claims: The High Cost of Unsanctioned Electronic Service
Introduction Globally, maritime disputes ranging from ship ownership, cargo damage, and personal injury (commonly referred to as admiralty claims) are often handled under a specialised legal framework. In Kenya, while these cases are heard by the High Court, the applicable law is not domestic; instead, Kenya applies English law. This unique arrangement is mandated by […]