The historical Development of Admiralty Jurisdiction in Namibia and the law applicable
Contents
Introduction
Admiralty or maritime law concern legal rules that relate to maritime matters. Countries, especially those that have access to the sea have enacted and developed laws that deal with matters such as marine insurance, carriage of goods by sea, seaworthiness of ships, matters of safety of personal at sea, salvage, maritime liens and many others.
In admiralty, jurisdiction can be understood to be the power or competence of a court to hear and determine matters, statutorily or customarily prescribed, as “maritime claims”.1 Admiralty jurisdiction may be exercised over a dispute between two peregrines concerning a cause of action which arose outside the court’s area of jurisdiction. In the case of Kandagasabapathy v MV Melina Tsiris2 it was said that, “this court, sitting as a Court of Admiralty, has jurisdiction even though the claim is between foreigners and in terms of a contract concluded outside its jurisdiction; in short, even though neither parties nor the subject matter of the claim have any connection with this country”. Furthermore, admiralty jurisdiction is also discretionary, and an admiralty court may, in appropriate circumstances, decline to exercise its jurisdiction, leaving it to the plaintiff to enforce his right in some other competent forum.3 It is important that when maritime cases are brought before court, the court should exercise jurisdiction. In addition, the court must not only have jurisdiction but also be able to enforce a maritime claim that has been decided by a court of another jurisdiction. These paper discuses the historical background of admiralty jurisdiction in Namibia and the applicable law.
Historical background of admiralty jurisdiction in Namibia and the applicable law
Maritime law begins with the presence of the European at the Cape of Good Hope in 1652. The Dutch settled at the Cape of Good Hope and with the Dutch came the application of Roman-Dutch law. This law (Roman-Dutch law) was applied
Introduction
Admiralty or maritime law concern legal rules that relate to maritime matters. Countries, especially those that have access to the sea have enacted and developed laws that deal with matters such as marine insurance, carriage of goods by sea, seaworthiness of ships, matters of safety of personal at sea, salvage, maritime liens and many others.
In admiralty, jurisdiction can be understood to be the power or competence of a court to hear and determine matters, statutorily or customarily prescribed, as “maritime claims”.1 Admiralty jurisdiction may be exercised over a dispute between two peregrines concerning a cause of action which arose outside the court’s area of jurisdiction. In the case of Kandagasabapathy v MV Melina Tsiris2 it was said that, “this court, sitting as a Court of Admiralty, has jurisdiction even though the claim is between foreigners and in terms of a contract concluded outside its jurisdiction; in short, even though neither parties nor the subject matter of the claim have any connection with this country”. Furthermore, admiralty jurisdiction is also discretionary, and an admiralty court may, in appropriate circumstances, decline to exercise its jurisdiction, leaving it to the plaintiff to enforce his right in some other competent forum.3 It is important that when maritime cases are brought before court, the court should exercise jurisdiction. In addition, the court must not only have jurisdiction but also be able to enforce a maritime claim that has been decided by a court of another jurisdiction. These paper discuses the historical background of admiralty jurisdiction in Namibia and the applicable law.
Historical background of admiralty jurisdiction in Namibia and the applicable law
Maritime law begins with the presence of the European at the Cape of Good Hope in 1652. The Dutch settled at the Cape of Good Hope and with the Dutch came the application of Roman-Dutch law. This law (Roman-Dutch law) was applied