FAQ on protective ship arrest

The requisite documents, as well as their translation into French by a local sworn translator, are:

• Summons to pay
• Claim supporting documents (read also our article Practice of precautionary arrest of vessels in Benin: the case of arrest for damage by extrapolation).
• Claimant’s registry certificate (for companies)
• Full Name of claimant’s legal representative (for companies)
• Claimant’s phone number and e-mail address

NB:

• Counsels do not need PoA;
• No counter security is required;

What is the time frame to obtain an arrest order and enforce it?

Arrest orders are usually issued within 24 or 48 opening hours from their submission.

However, local regulation requires that a summon to pay be served to the debtor 24 hours before enforcing the warrant of arrest.

What is the time frame to challenge an enforced arrest order and obtain a release order?

There is no minimum or maximum duration. A period of 10 working days is generally observed, but this may last longer or shorter depending on the debates between the parties before the judge.

What is the time frame to challenge an enforced arrest order and obtain a release order?

There is no minimum or maximum duration. A period of 10 working days is generally observed, but this may last longer or shorter depending on the debates between the parties before the judge.

Arrest applications are ex-parte/not contradictory. However, there have been some leaks in the past.

If a vessel remains beyond 12nm off Lomé will it be protected from protective arrest ?

Theoretically yes, since Togo ratified the Montego Bay convention on the law of the sea, and therefore its sovereignty extends to 12nm from its baselines.

No. To our knowledge, no vessel has ever been arrested beyond 12 nautical miles in Cameroon.

What documents are requested in order to prepare for an arrest?

What is the time frame to obtain an arrest order and enforce it?

The arrest order is generally issued 5 working days after submitting the arrest application  to the Office of the President of the Court of First Instance. However before submitting its request, the applicant must compulsorily obtain the (advisory) opinion of the maritime authority (Ministry of Transport based in Yaounde), which takes several days to be delivered.