MARITIME LIEN AND A MARITIME CLAIM IN CAMEROON
There are two alternative definitions of a maritime lien:(1)a right to be part of the property in the res; (2) a privilege claim upon a ship, aircraft, or other maritime property in respect of services rendered to, or injury caused by, that property.
A maritime lien attaches to the property at the moment when the cause of action arises and remains attached.
It is a right that springs from general maritime law and is based on the concept that the ship (personified) has itself caused harm, loss, or damage to others or to their property and must itself make good on that loss. The ship is, in other words, the wrongdoer, not its owners.
Cameroon Maritime Authority
A maritime lien is a proprietary interest in the ‘res’; it distracts from the absolute title of the ‘res’ owner. There has been divided opinion as to whether it has a right in the property (a jus in re) or a right against the property (a jus in rem) only. It is submitted that the lien is both, a right in the property perfected by action (in rem) against it.
In Cameroon, Article 149 provides a list of maritime claims for which a ship may be arrested. Arguably a lien may be given to secure the claim. In addition, article 75 of the code provides a list of Cameroon maritime authority claims that are privileged. If the maritime lien provides enough security, an arrest may not be necessary. Yet a maritime lien arising from a privileged maritime claim under article 75 is a good reason to arrest a ship here and the procedure is the same.
Article by CHUO ANGABUA JUNIOR
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