Q: What is Ship Arrest?
Junior Angabua Chuo Angabua: Ship arrest in Cameroon is a legal measure that allows claimants to secure maritime claims. It is governed by the Merchant Marine Community Code of August 3, 2001, revised in 2012, and draws inspiration from the 1999 International Convention on the Arrest of Ships and the 1952 Brussels Convention on Ship Arrests. This process ensures that debts or claims tied to a ship are addressed effectively.
Q: What Laws Govern Ship Arrest in Cameroon?
Ship arrest is primarily regulated by two key legal instruments:
• The CEMAC Merchant Marine Code (2001, revised 2012).
• The 1952 Brussels Convention on Ship Arrests.
Q: What Claims Can Lead to Ship Arrest?
According to Section 149 of the CEMAC Merchant Marine Code, the following maritime debts can justify ship arrest:
• Damages caused by ship operations.
• Death or injury related to ship activities.
• Environmental damage or cleanup costs.
• Salvage operations and associated contracts.
• Claims for unpaid crew wages or social contributions.
• Disputes over ship ownership or mortgages.
• Costs for ship maintenance, repairs, or reconstruction.
• Contracts for ship hire or goods/passenger transport.
• Claims arising from ship sales or purchases.
Also Read -: Cameroon Ship Registration: A Step-by-Step Guide for International Owners 2025
Q: What Conditions Must Be Met to Arrest a Ship?
Can Any Ship Be Arrested?
Yes, a ship can be arrested if:
1. It is the vessel directly linked to the claim (action in rem).
2. It belongs to the same owner responsible for the claim (action in personam).
Can a Ship Be Arrested After Ownership Changes?
Absolutely. Even if the ownership changes, a ship can still be arrested if the debt or claim is tied to that specific vessel.
Q: What Are the Steps to Arrest a Ship in Cameroon?
1. Obtain Approval from the Maritime Authority
The claimant must first seek approval from the Minister of Transport, the maritime authority in Cameroon, before proceeding.
2. File an Application in Court
The process begins with an application submitted to the President of the Court of First Instance or The high court.
3. Ensure Compliance with Procedural Deadlines
Once the arrest order is issued, the claimant has one month to initiate proceedings on the merits to secure a writ of execution.
Q: Who Executes the Arrest Order?
The Sheriff Bailiff
The sheriff bailiff plays a critical role by:
• Issuing a report to notify the ship’s captain, the port authority, and the maritime authority.
The Maritime Authority
The maritime authority serves as the ship’s custodian and issues an order prohibiting the vessel from sailing.
Q: What Happens to an Arrested Ship?
• The ship cannot sail until a court order releases it.
• Authorities like the Cameroon Ports Authority, Cameroon Navy, and maritime administration ensure compliance with the arrest order.
• The claimant is responsible for the costs of keeping the ship in custody.
Q: What Should Shipowners Do If Their Ship Is Arrested?
Shipowners should:
1. Carefully review the arrest procedures to ensure compliance.
2. Consult experienced legal counsel to address the matter promptly and effectively.
Conclusion
Ship arrest in Cameroon is an efficient legal mechanism for addressing maritime claims. However, strict compliance with procedural requirements is essential. Both claimants and shipowners must seek professional legal guidance to navigate the process smoothly and minimize potential liabilities.
To talk to a lawyer for legal assistance, Contact PRIME TIME LAW OFFICES