ELARCA S. A. OF MONROVIA, LIBERIA & ANOTHER v. OILBORNE SHIPPING CO. INC. OF LIBERIA – 1978_79_80 volume 1 page 055

In the case between ELARCA S. A. OF MONROVIA, LIBERIA & ANOTHER and OILBORNE SHIPPING CO. INC. OF LIBERIA, the court addressed whether section 754 of the Civil Procedure Code confers an express right of appeal from judgments rendered under Admiralty jurisdiction by the High Court. It was held that no such express provision exists, thereby precluding the right of appeal in this context and affirming that legislative clarity is required to enable appeals in Admiralty matters. This decision rested on a careful interpretation of statutory language, historical legal practice, and earlier legal frameworks, reinforcing the principle that appeal rights in special jurisdictions depend strictly upon explicit legislative authorization.

Samerawickrame J. — It was determined upon analysis of section