ADVOKS GLOBAL · KENYA
Merchant Shipping Act
347. Determination of salvage dispute
Edition: 2023-12-11 · In force
347. Determination of salvage dispute
(1)Disputes as to the amounts of salvage, whether rendered within or outside Kenya arising between the salvor and the owners of any vessel, cargo, apparel or wreck shall, if not settled by agreement, arbitration or otherwise, be determined in accordance with subsection (2).(2)Subject to subsection (1), disputes as to salvage shall be determined by the Court, but if the claimant does not recover in the Court more than one million shillings, he shall not be entitled to recover any costs, charges or expenses incurred by him in the prosecution of his claim unless the Court certifies that the case is a fit one to be tried by the Court.(3)A dispute relating to salvage may be determined on the application either of the salvor or of the owner of the property salved, or of their respective agents.(4)The Court or the arbitrators to whom a dispute as to salvage is referred for determination may, for the purpose of determining any such dispute, call to their assistance, as an assessor, any person knowledgeable in maritime affairs, and there shall be paid as part of the costs of the proceedings to every such assessor in respect of his services such sum as may be prescribed.