ADVOKS GLOBAL · KENYA
Merchant Shipping Act
351. Sale of detained property
Edition: 2023-12-11 · In force
351. Sale of detained property
(1)The receiver may sell any detained property if the persons liable to pay the salvage in respect of which the property is detained are aware of the detention, in the following circumstances—(a)where the amount is not disputed and payment of the amount due is not made within twenty days after it has become due;(b)where the amount is disputed but no appeal lies from the decision of the first court to which the dispute was referred, and payment is not made within twenty days after the decision of the court;(c)where the amount is disputed and an appeal lies from the decision of the first court to which the dispute is referred, and within thirty days after the decision of the first court, neither payment of the sum due is made nor proceedings are commenced for an appeal.(2)The proceeds of sale of detained property shall, after payment of the expenses of the sale, be applied by the receiver in payment of the expenses, fees and salvage, and any excess shall be paid to the owners of the property, or any other persons entitled to it or in the absence of any such owners or person, into the Treasury.(3)In this section, “detained property” means property detained by the receiver under section 350.