The applicant urgently sought temporary protective and preservatory orders, including the arrest and detention of the respondent, the Da Yang Bai He. This application was brought under ss 2(2), 2(3), and 3 of the Judicature and Application of Laws Act [Cap 358 RE 2023] (the JALA); ss 2(1), 3(1)(b), 98(1)(b), and 426 of the Merchant Shipping Act [Cap 165 RE 2023] (the MSA), read together with s 1(m) of Pt A of the Sch to the Tanzania Shipping Agencies (Ratified International Conventions and Regional Instruments) Notice 2025 (GN No 71 of 2025), and art 28.3 of UNCLOS 1982.

Held: Ship arrest ordered.

The immediate issue is whether the Court ought to exercise its preservatory and admiralty jurisdiction to preserve the res, pending further proceedings before the Court.

Under s 2(2) JALA, it is expressly declared that the jurisdiction of the High Court of Tanzania extends to the territorial waters of Tanzania. Section 2(3) further provides that, subject to the written laws in force in Tanzania, the High Court of Tanzania shall exercise its jurisdiction in conformity with Tanzanian law and, where applicable, in accordance with the substance of the common law, doctrines of equity, and statutes of general application in force in England as at 22 July 1920, in so far as local circumstances permit.

Additionally, s 3 JALA establishes the High Court of Tanzania as a Court of Admiralty vested with jurisdiction to hear and determine admiralty claims, proceedings, and matters, including those arising under the MSA, together with powers to issue appropriate admiralty orders.

Similarly, ss 2(1), 3(1)(b), 98(1)(b), and 426 of the MSA are equally crucial as they further determine and regulate the jurisdiction of this Court in admiralty matters. Under s 2(1), the term 'Court' is defined to mean the High Court of Tanzania or a Resident Magistrates' Court. Further, s 3(1)(b) of the MSA provides that:

Unless otherwise expressly provided, this Act shall apply to: ...

(b) all other ships while in a port or place in, or within the territorial sea, lakes, rivers, and causeways under the jurisdiction of the United Republic of Tanzania.

Moreover, s 98(1)(b) of the MSA expressly provides that:

the following claims may be secured by maritime liens:

(b) port, canal and other waterway dues and pilotage dues;

Without expressing any concluded opinion on the merits of either the substantive maritime claim or the outcome of the preliminary objection, the Court is satisfied that the applicant has established sufficient grounds warranting the issuance of temporary preservatory orders. The interests of justice, therefore, demand preservation of the subject matter of the dispute pending a hearing.