Foreign ship detained in the country for debt owed to a company
The judge of summary matters at the First Instance Court, Mr. Hesham Abdulla, ruled for imposing attachment on a foreign ship at one of Kuwait’s ports, as it is indebted to the company claiming attachment due to supplying the ship with fuel required to operate it at Colombo and Singapore ports, without paying the value of this fuel, provided the attachment is removed if a guarantee or bond agreed upon by the litigants is submitted. The attachment applicant was obliged to file a case within three days from the date of issue of the attachment permit, in preparation of obtaining an executive form. If the case is not filed in due time, the attachment shall be removed of the said ship.
The incident is concluded in that the agent of the creditor company of the ship in Kuwait, lawyer Hassan Al Mousoi, submitted an application to impose attachement on the ship, to the judge of summary matters at the Court of First Instance, at the end of which he called for imposing attachment on the ship ( ), registered with the world Marine Organization, and on all equipments, fixtures, furniture, moveable properties thereon, excluding the personal effects of its crew, and to prevent it from departing Kuwaiti ports, in order to guarantee the repayment of the debt. This is based on the fact that the captain of the ship on which attachment is required to be imposed, has furnished in his capacity the ship with the quantities of fuel required to operate it at Colombo Port then Singapore Port. This is according to two supply receipts and invoices signed by representatives of the ship owners. The attachment application on the ship relied on the provision of paragraph 10 of article 73 of the decree law NO.28 of 1980 in connection with Kuwait marine trade law, which permits imposing attachment on a ship according to the order of the judge of summary matters. This attachment is not to be imposed unless for settlement of a maritime debt. Maritime debt means is claiming a right, the source of which is one of the following reasons, including the supply of products or tools required to operate or maintain the ship at any place where the supply took place.
Lawyer Hassan Al Mousoi, the agent of the detaining company, that although the decree law No.1980/28 promulgating the maritime trade law is relatively old, compared with the developments witnessed by commercial transactions in the field of maritime trade, with the help of God, we were able to apply and obtain from the judge of summary matters according to the provision of article 73 and other articles, which have done justice to the litigation parties, as stated in the above text when it pointed to the possibility of ending the dispute according to agreement between parties. This conforms with the proper law and practical reality of the volume of losses resulting from elongating the detention period, as well as the prompt reply of the general administration for execution for the necessity of finalizing the procedures within a very reasonable and suitable time for the case being handled.