ADVOKS GLOBAL · KENYA
Merchant Shipping Act
386. Claims subject to limitation
Edition: 2023-12-11 · In force
386. Claims subject to limitation
(1)Subject to sections 388 and 389, the following claims shall be subject to limitation of liability regardless of the basis of liability—(a)claims in respect of loss of life or personal injury or loss of or damage to property, including damage to harbour works, basins and waterways and aids to navigation, occurring on board or in direct connection with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;(b)claims in respect of loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;(c)claims in respect of other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the ship or salvage operations;(d)claims in respect of the raising, removal, destruction or the rendering harmless of a ship which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such ship;(e)claims in respect of the removal, destruction or the rendering harmless of the cargo of the ship;(f)claims of a person other than the person liable in respect of measures taken in order to avert or minimise loss for which the person liable may limit his liability in accordance with this Part, and further loss caused by such measures.(2)The claims referred to in subsection (1) shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise, but the claims referred to subsection (1)(d), (e) and (f) shall not be subject to limitation to the extent that they relate to remuneration under a contract with the person liable.