The Charges
The Plaintiff supplied bunker services to the vessel MT Thelma in September 2010, on which it defaulted in making payment. Subsequently, MT Thelma was sold in execution of a Judgment in March 2011 and registered in the Nigerian Registry under a new name “Sea Tiger.”
Awarded
The Plaintiff supplied bunker services to the vessel MT Thelma in September 2010, on which it defaulted in making payment. Subsequently, MT Thelma was sold in execution of a Judgment in March 2011 and registered in the Nigerian Registry under a new name “Sea Tiger.” On a voyage to Ghana, the Plaintiff caused the vessel Sea Tiger to be arrested for unpaid bunker supplies made to the vessel before the sale. The Defendant brought an action for the unconditional release of the vessel Sea Tiger from arrest. Counsel for the Plaintiff opposed the application on grounds inter alia that the nature of the Plaintiff’s claim is a maritime lien which travels with the ship notwithstanding the fact of forced sale and change of ownership. The High Court(Commercial Division) held that bunker supplies did not constitute maritime liens under Ghanaian law under Sections 66 to 68 of the Ghana Shipping Act, 2003(Act 645) and, therefore, the liability did not follow the vessel upon its sale. However, the Court held that it is Section 446 of Act 645 which gives the statutory framework for dealing with liabilities such as bunker provisions incurred by the vessel through service to it in transactions with charterers, owners and persons in possession of the ship.