| Case ID |
20d33c4e-6e8b-42d0-9eaa-775c1eb612a9 |
| Body |
View case body. Login to View |
| Case Number |
Adm. Appeal No.2 of 2007 |
| Decision Date |
Apr 09, 2009 |
| Hearing Date |
|
| Decision |
The court upheld the decision of the Single Judge that the suit was rightly filed in the Admiralty Jurisdiction of the High Court. The appeal by the defendants, who were the owners and agents of the ship M.T. Vega and M.T. Zalea, was dismissed. The court found that the plaintiff's claim for damages arose from injuries sustained while assigned to work on the M.T. Zalea under the terms of his employment contract with the appellants. The court emphasized that the determination of jurisdiction may depend on evidence and facts presented during the trial, and that both appellants and respondents must be processed in the same jurisdiction to avoid multiplicity of proceedings. The court concluded that the plaintiff had the right to pursue claims against the appellants as well as the respondents based on the contract of employment. |
| Summary |
In the case of Adm. Appeal No.2 of 2007, the Sindh High Court addressed an appeal regarding an admiralty suit where the plaintiff claimed damages for injuries sustained while working on the ship M.T. Zalea. The plaintiff, under a contract with the owner of M.T. Vega, was assigned to M.T. Zalea, where he suffered face and eye injuries. The defendants argued that the suit should be dismissed as there was no cause of action against them. However, the court ruled that the claim fell within the scope of the Admiralty Jurisdiction of High Courts Ordinance, 1980, specifically addressing personal injury claims related to the operation of a ship. The court highlighted the need for a comprehensive examination of evidence during the trial to determine the validity of the claims against both the owners and agents of the vessels involved. |
| Court |
Sindh High Court
|
| Entities Involved |
M.T. Vega,
M.T. Zalea
|
| Judges |
FAISAL ARAB,
BIN YAMIN
|
| Lawyers |
M. Shaiq Usmani,
Munir A. Malik
|
| Petitioners |
another,
ATLAS CO. SHIPPING LTD.
|
| Respondents |
FARID RIZVI,
.2 others
|
| Citations |
2009 SLD 1946,
2009 CLD 1466
|
| Other Citations |
Not available
|
| Laws Involved |
Admiralty Jurisdiction of High Courts Ordinance, 1980,
Civil Procedure Code, 1908
|
| Sections |
3(2)(b),
7,
O.VII, R.11
|