570. Cargo laden and lately laden on board the MV Thalassini Avgi v MV Dimitris 1989 (3) SA 820 (A)

Security arrest – seminal case on requirements

  The facts

 The Thalassini Avgi loaded general cargo in various ports in the Far East, for carriage to various ports in the Middle East, including Aden, in the People’s Democratic Republic of Yemen.

The owner was Astromando Compania Naviera SA.

Astromando time chartered the vessel to Nippon Yusen Kaisha.

NYK issued bills of lading in respect of the various consignments of goods taken on board the ship including goods destined for consignees in South Yemen.

At Aden, a fire broke out on board the vessel damaging much of the cargo and the vessel.

The Yemeni consignees, being the holders of the bills of lading, arrested the Dimitris in Port Elizabeth as an associated vessel.

It was common cause that the Dimitris was an associated vessel.

The West England Shipowners Mutual Protection and Indemnity Association (Luxembourg) issued a letter of undertaking to obtain the release of the vessel confined to judgments in Japan and South Africa.

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