| Citation(s) |
|---|
| 1992 SLG 739 1992 SLD 739 = 1992 CLC 833 |
Sindh High Court
Admiralty Suit No. 1143 of 1988, decided on 6th August, 1991
SYED HAIDER ALI PIRZADA, J
Zahid Hussain Burhani for Plaintiffs. Ahsan Zahir Rizvi for Defendants Nos.2 and 3. Yousaf Kassim is holding brief for M.H. Kazim for Defendant NoA
Admiralty Suit No. 1143 of 1988, decided on 6th August, 1991
SYED HAIDER ALI PIRZADA, J
Zahid Hussain Burhani for Plaintiffs. Ahsan Zahir Rizvi for Defendants Nos.2 and 3. Yousaf Kassim is holding brief for M.H. Kazim for Defendant NoA
Messrs ALYOUSUF BAGHPATI & Co. and another vsm.v. NARAN and 3 others
Law: Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)
Section: 3(2),4(4)
(a) Admiralty Jurisdiction of High Courts Ordinance (XLII of 1980)-------Ss. 3 & 4---Jurisdiction---Section 3(2) of Ordinance, 1980, has given High Court Admiralty jurisdiction to try issues mentioned therein, whereas S.4(4) thereof, has set out circumstances under which Admiralty jurisdiction in rem of High Court could be invoked to have ships arrested.(b) Admiralty Jurisdiction of High Court Ordinance (XLH of 1980)-------S. 4(4)---`Beneficially owned'---Meaning of---Expression, `beneficially owned' could mean, owned by someone who, whether he was legal owner or not, was in any case equitable owner---Expression would cover both cases of a ship, legal and equitable title to which were in one person---Ship wholly owned by a party who would be liable to an admiralty action in personam, could be arrested. (c) Judgment------- Suspension of operation---Operation of a , decree or order, passed by a Court, would not automatically be suspended on mere filing of appeal or by granting of leave to appeal. (d) Admiralty Jurisdiction of High Court Ordinance (XLH of 1980)-------Ss. 3 & 4---Suit for recovery---Maintainability of---Persons, who had beneficially owned the shares in vessel against which suit for recovery was filed, were not persons who were owners thereof at time cause of action arose against it---High Court had no jurisdiction to entertain suit against such persons. The St. Elefterio Schwarz & Co. (Grain), Ltd. v. St. Elefterio ex Arion (Owners) (1957) 2 AER 374 = (1957) Lloyd's Law Reports 283; St. Merriel Smith's Dock Co., Ltd. v. Owners of the m.v. St. Merriel 19631 AER 537; Med Way Drydock & Engineering Co. Ltd. v. The Andrea Ursula (1971) Lloyd's Report 145 = (1973) OB 265; The Congres Del Partido's case (1977) 1 Lloyd's Report 536 ref.(e) Words and phrases------- Phrase `beneficially owned'---Meaning. ORDER The Nazir has made a reference dated 11-10-1990 in Admiralty Suit No.1143 of 1988 (hereinafter referred to as the `Suit') stating that no sale proclamation can be published in view of the observations made by the learned Division Bench in Admiralty Appeal No.l of 1990 filed by the defendant No.2 in respect of…