IN THE COURT OF APPEAL
(Coram: Nyarangi, Masime and Kwach: JJ A)
CIVIL APPEAL NO 50 OF 1989
OWNERS OF THE MOTOR VESSEL “LILLIAN S”...APPELLANT
CALTEX OIL (KENYA) LTD...................................RESPONDENT
(Appeal from an order of the High Court at Mombasa, Bosire J, in Admiralty Cause No 29 of 1988 dated 28th February, 1989)
The point raised by this appeal turns entirely on the correct interpretation of Section 20 (2) (m) of the Supreme Court Act 1981 of England (The 1981 Act) on the relevant facts of this matter. Two questions arise; first, if the plaintiff’s action is within Section 20 (2) (m) of the Act; second, whether the action can be enforced by an action in rem in terms of Section 21 (4) of the 1981 Act.
The appeal raises questions as to the proper manner of invoking the Admiralty jurisdiction of the High Court. The Admiralty jurisdiction of the High Court is equal to that possessed by the High Court in England. The High Court applies the sam…