SS Captain Manoli

• Jurisdiction: Egipto
• Court: Obsolete Court (Egypt)
• Date: 25 June 1959

United Arab Republic, Prize Court.

(Abdel Ghani Yehia, President; Abdel Fattah Mohamed Karim, Hamed Sultan, Aly Sadek Abou Heif and El Akid Sayeh Sayeh Gad, Members.)

The s.s. Captain Manoli.

War Enemy character Of ships Neutral vessel chartered to enemy company The law of the United Arab Republic.

Warfare at sea Restrictions on right of capture Enemy goods on vessel flying neutral flag Vessel chartered to enemy company The law of the United Arab Republic.

The Facts.The Captain Manoli, owned by a Costa Rican company, was flying the Liberian flag and was chartered to an Israeli company. She left Piraeus (Greece) on February 13, 1959, without any cargo. On February 18 she took on a cargo of potash, cement and preserved foods at Haifa (Israel). After leaving Haifa with this cargo, she arrived at Port Said on the way to Colombo and Port Swettenham. At Port Said the cargo was seized by the authorities of the United Arab Republic as enemy property. The validity of the seizure was submitted to the Prize Court.

Held: that the seizure was valid. Enemy goods on a neutral vessel could be seized if the vessel was employed in the service of the enemy.

The Court said: From the examination of the papers on board it appears that the ship left the Port of Piraeus without any cargo on February 13, 1959, en route to Haifa, and reached this latter port on February 18, 1959, and immediately took on merchandise as follows:

1.A shipment of potash (1422.4 tons), shipped through the agency of the Navigation Company Mediterranean Seaways, Ltd. in Haifa (Israel) on February 24, 1959, with shipper named as Mifalei Yam Hamelah B.M. (Dead Sea Works Ltd.), bill of lading to order. To advise: Colombo Commercial Ltd. (762 tons), A. Baur & Co. (406.4 tons) and Shaw Wallace & Hedges Ltd. (254 tons).

2.The shipment of preserved foods amounts to 2,673 kilograms and was shipped through the agency of the said Company on February 24, 1959, from Haifa to Colombo, the shipper being Citrus & Canned Products Association, Tel Aviv, bill of lading to order. To advise: John Green & Co., F. Pereira & Sons Ltd. and Victoria Stores (Colombo-Ceylon).

3.Shipment of cement (1,120 tons) applies to 1,120 paper bags shipped through the medium of the said Navigation Company February 19, 1959, from Haifa to Swettenham, the shipper being Palestine Portland Cement Works Ltd. (Nescher Ltd.), Haifa, without indication of the name of the destinee.

As a result of the discovery of these facts the appropriate public...