The plaintiff filed this suit under the admiralty jurisdiction for recovery of PKR 156,261 in respect of necessaries supplied and services rendered to seven vessels, including the defendant ship, the Rice Trader. The mortgagees, salvors and crew members of the Rice Trader appeared and intervened in the proceeding. The interveners argued that the plaintiff's claims against the other vessels could not be enforced against the Rice Trader, as the other vessels were not sister ships of the Rice Trader.

The plaintiff argued that all seven vessels were owned by Manta Lines Inc (Manta) and, therefore, were all sister ships and fell within the ambit of s 4(4) of the Admiralty Jurisdiction of High Courts Ordinance 1980 (Ordinance).

Held: Two claims upheld; remaining claims dismissed.

According to the Greek Shipping Directory produced by the plaintiff's witness, Manta is listed as the shipping office at Piraeus of all the owners of these vessels. Georgios Sifakis is the manager/director of the office. The plaintiff's evidence is of such a nature that it does not prove that Manta is the beneficial owner of the majority shares in the vessels. The mere fact that Manta is the Piraeus office of all these vessels, with Safakis as its director/manager, does not lead to the conclusion that the ships are owned by a common owner. Therefore the question of invoking s 4(4) does not arise.

The plaintiff referred to the Arrest Convention 1952. In The Permina 108 [1978] 1 Lloyd's Rep 308 (CMI395) the Court of Appeal of Singapore observed that the terms of s 4(4) of its Act were free from any ambiguity and it was thus unnecessary and wrong to look at the International Convention relating to the Arrest of Seagoing Ships signed at Brussels in 1952. The legal position with regard to interpretation of s 4(4) of the Ordinance is well-settled. Applying this provision, it seems that the plaintiff will be entitled to maintain its action in rem in respect of necessaries and services supplied to the Rice Trader and to the Mimosa Trader which, according to the Greek Shipping Directory, are owned by the same owner, ie Sport Maritime Inc. The owners of the other vessels are different companies.