Case Details

Citation(s)
2005 SLG 362 2005 SLD 362 2005 CLD 824
Sindh High Court
C.M.As. Nos.534 and 5541 of 2004 in Suit No.1167 of 2003, decision dated: 8-11-2004
MUSHIR ALAM, JUSTICE
Shaiq Usmani for Plaintiff. Khursheed Jawaid, Advocate. Naeem Ahmed for Defendants Nos. 1, 2, 3 and 5. Kamal Asfar and Nadeem Azhar Siddiqui, Deputy Attorney General for Defendant No. 4. Aurangzaib Amin for Defendants Nos.6 and 7. Yousuf Moulvi for D

RUSTEES OF THE PORT OF KARACHI

VS

MESSRS POLEMBROS SHIPPING LIMITED AND 9 OTHERS

Law: Karachi Port Trust Act, 1886

Section: 89

(a) Karachi Port Trust Act (V of 1886)--S. 89---Suit by Karachi Port Trust against vessel for causing a number of damages to the Port etc.--Provision of S.89, Karachi Port Trust Act, 1886 imposes statutory responsibility jointly and severally on the Master, agent and owner of the defaulting vessel---Word "responsibility" and expression "severally and jointly be responsible" as used in S.89, Karachi Port Trust Act, 1886---Meanings---Master of the vessel being proper and necessary party for determination of the controversy in the suit, could not be exonerated from the statutory liability created under S.89, Karachi Post Trust Act, 1886---Principles. Responsibility to bear the damage to the Port or its servants, consequences of sinking or grounding of vessel in the port limits or approaches and liability to pay penalty for misdeclaration, are imposed under section 89 of the K.P.T. Act, 1886 on the master, agent and owner of the vessel. Section 89 of the Karachi Port Trust Act, 1886 imposes statutory responsibility jointly and severally on the master, agent and owner of the defaulting vessel for: (a) Any damage caused to the property and servants of the Port, whether within Port's limit or in the approaches. (b) Any misdeclaration of particulars of a vessel and for disobeying the parameters specified for handing of vessels in Karachi Harbour. (c) Damage to any other vessel in the Port limits or approaches caused on account of the sinking or grounding of any vessel. Defaulting vessel could also be detained till such time the costs of the damage as may be determined by the Board are paid. Master, agent and owner are also responsible for removal of the vessel at their own risk and cost failing which the Board may salvage or remove such vessel out of the Port's limit and the cost of such removal shall be recoverable from the sale proceeds of such vessel(s). The responsibility of the master, agent and the owner of the vessel under section 89 of the Karachi Port Trust Act is joint and several. Statutory responsibility to answer the claim and reimburse the damage caused to the third party imposed by law on the owner, agent and master is individual as well as co-extensive.…
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