On the 12th August, 2022, Grenadian World Champion Javelin Thrower Anderson Peters and his brother, Kiddon Peters, (“Claimants”) commenced admiralty in rem proceedings against the Motor Vessel “Harbour Master” (“M/V Harbour Master”), a renowned ‘party boat’ in the Eastern Caribbean region, arising out of alleged personal injuries suffered after a scuffle broke out between the Claimants and certain members of the ship’s crew. The Claimants alleged that the ship’s crew were the aggressors, while crew maintained that the scuffle began after the Claimants got violent after repeated demands for them to disembark the M/V Harbour Master.
On the 17th October, 2022, Attorneys-at-Law for the M/V Harbour Master filed a Notice of Application seeking to set aside the Claimants’ claim for want of jurisdiction with costs (“Jurisdiction Application”). By the said Application, Attorneys-at-Law for the M/V Harbour Master contended that the Claimants’ claim did not fall within the jurisdictional parameters of the Grenadian Court to hear and determine admiralty in rem claims, namely, section 8 of the West Indies Associated States Supreme Court (Grenada) Act Cap 336 and Section 1 of the Administration of Justice Act 1956.
The Presiding Judge, the Honourable Madam Justice Agnes Actie, delivered her decision on the Jurisdiction Application on the 31st October, 2023. By her decision, the Learned Judge accepted the submissions of the Attorneys-at-Law for the M/V Harbour Master and dismissed the Claimants’ claim for want of jurisdiction, and awarded costs against the Claimants.
The Owners of the M/V Harbour Master were represented in Grenada by Nyree Alfonso as instructed by Dylan Charles. Asif Hosein-Shah assisted remotely in the matter and prepared the submissions and written case to the Court.
Useful Links:
- Written Decision of the Hon Mme Justice Agnes Actie delivered on the 31st October, 2023.
