SEAWORTHINESS OF A SHIP AND ITS REQUIREMENT

• Date: 06 February 2019

(1) "In the 12th Edition of Carver on Carriage by Sea, Volume 1, paragraphs 108 and 109 at pp.94 and 95, the learned author states that to be seaworthy, a ship must be fit in design, standard, condition and equipment to encounter the ordinary perils of the voyage. But the duty to supply a sea-worthy ship is not equivalent to a duty to provide one that is perfect and such as cannot break down except under extra ordinary perils. What is meant is that she must have that degree of fitness which an ordinary careful and prudent owner would require his vessel to have at the commencement of the voyage, having regard to all the probable circumstances of it. Also see Stroud’s Judicial Dictionary, 4th Edition, Vol. 5 p. 2460." - Per Kawu, J.S.C., in Narumal & Sons Ltd. v. N.B.T.C. Ltd. Suit No. S.C. 58/1987; (1989) 20 N.S.C.C. (Pt. II) 147 at 167; (1989) 2 N.W.L.R. (Pt. 106) 730 at 758.

(2) "A ship is not seaworthy if there is a defect in the equipment or appliances sufficient to render it unfit for the due and safe carrying of the crew or the cargo, not being a defect which can be readily cured during the voyage. See: Huddart Parker Ltd. v. Cotter (1942-43) 66 C.L.R. 624." - Per Nnamani, J.S.C., in Narumal & Sons Ltd. v. N.B.T.C. Ltd. Suit No. S.C. 58/1987; (1989) 20 N.S.C.C. (Pt. II) 147 at 157; (1989) 2 N.W.L.R. (Pt. 106) 730 at 747.

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