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

(2018) JELR 65956 (HC)

High Court  •  CIVIL APPEAL NO.CM/CGS/0557/2018  •  10 Sep 2018  •  Ghana

Coram
SAMUEL K. A. ASIEDU JUSTICE OF THE HIGH COURT

Appearances
KWAKU OSEI ASARE ESQ. FOR PLAINTIFFS; NO LEGAL REPRESENTATION FOR DEFENDANTS.

Judgement
<p>JUDGEMENT</p><p>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 2<sup>nd</sup> Defendant from the 17<sup>th</sup> November, 2017 as shown by “Exhibit B” the Time Charter Party.</p><p>The Court finds that under the Time Charter the 2<sup>nd</sup> Defendant is to pay a daily hire of $11,500.00. to the Plaintiffs.</p><p>From “Exhibit C series” the Court finds that the 2<sup>nd</sup> Defendant is in arrears of payment of hire in the sum of $753,964.26 up to the 1<sup>st</sup> of September, 2018 as shown by “Exhibit C4” in particular.</p><p>The Court finds that under the Time Charter the Plaintiffs has agreed with the 2<sup>nd</sup> 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.</p><p>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.</p><p>The Court finds that the Plaintiffs h…</p>

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