This was a cargo claim brought by the plaintiff against the defendant vessel MV Miski and its owner. The plaintiff provided cargo services to customers at the Port of Sudan to and from all over the world. In this case, the plaintiff acted as charterer on behalf of the cargo owners, Military Industry Corp, Sudan. Initially, the owner of the MV Miski agreed to deliver the cargo (some military hardware) on the MV Basel 3. Subsequently, due to some technical problem, they agreed to shift the cargo to the MV Miski to carry the goods from Abu Dhabi Port (UAE) to the Port of Sudan.

The plaintiff argued that the MV Miski was unseaworthy, as a result of which the cargo was damaged during the voyage. Eventually the vessel stranded at Karachi Port and was detained by the Port Authorities. The plaintiffs therefore sought the defendant vessel's arrest. The defendants did not enter an appearance.

Held: Judgment for the plaintiff.

Even though the matter proceeded ex parte against the defendants, it is still the duty of the Court to evaluate the plaintiff's claim and the evidence led within the parameters of the law.

The plaintiff argues that its suit falls within s 3 of the Admiralty Jurisdiction of High Courts Ordinance 1980. From the evidence, including the bill of lading, it is clear that the claim falls within s 3 of the Ordinance. The defendants are liable to pay amounts of AED 238,178 and AED 7,815 to the plaintiff for damages and expenditure incurred in the UAE. In respect of expenditure incurred in Pakistan as a result of the cargo survey conducted by SGS Pakistan Pvt Ltd and related air tickets and hotel accommodation, the plaintiff's claims of AED 5,019 and PKR 710,866 are allowed. In addition, the plaintiff is entitled to be paid PKR 2 million in general damages.

This is one of several separate suits regarding the same vessel. The Official Assignee will first settle the claim/outstanding dues of the Karachi Port Trust; then the wages claims of crew as determined in Admiralty Suit No 6 of 2018 (Khan v MV Miski (CMI2172)); thereafter, the claim of the mortgagee bank subject to the decision in Admiralty Suit No 1 of 2019 (Commercial Bank International PSC v MV Miski (CMI2188)), and then other claims [see eg Fair Sea International FZC v MV Miski (CMI2173)].