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MESSRS SWISS LEGEND MARITIME
V.
THE CARGOES ON BOARD THE MT “DOLICHA BAY” & ANR.

(2018) JELR 65956 (HC)

High Court 10 Sep 2018 Ghana
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- The plaintiffs, owners of the vessel "MT DOLICHA BAY", entered into a Time Charter Party with the 2nd defendant on November 17, 2017. - The Time Charter Party stipulated that the 2nd defendant would pay a daily hire of $11,500.00 to the p

Case Details

Suit Number:CIVIL APPEAL NO.CM/CGS/0557/2018
Judges:SAMUEL K. A. ASIEDU JUSTICE OF THE HIGH COURT
Counsel:KWAKU OSEI ASARE ESQ. FOR PLAINTIFFS; NO LEGAL REPRESENTATION FOR DEFENDANTS.

JUDGEMENT

From the evidence on record the Court finds that the Plaintiffs, owners of the “MT DOLICHA BAY”, entered into a Time Charter Party with the 2nd Defendant from the 17th November, 2017 as shown by “Exhibit B” the Time Charter Party.

The Court finds that under the Time Charter the 2nd Defendant is to pay a daily hire of $11,500.00. to the Plaintiffs.

From “Exhibit C series” the Court finds that the 2nd Defendant is in arrears of payment of hire in the sum of $753,964.26 up to the 1st of September, 2018 as shown by “Exhibit C4” in particular.

The Court finds that under the Time Charter the Plaintiffs has agreed with the 2nd Defendant that the Plaintiffs shall have the right to exercise a lien over all cargoes and all freights, sub-freight and demurrage for any amount due under the charter party.

The Court holds therefore that the Plaintiffs’ right have accrued to them in view of the Defendants’ default in the payment of the hire to the Plaintiffs.

The Court finds that the Plaintiffs h…

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