Okiyo Maritime Corporation v The State of Mauritius 2026 SCJ 86

Oil pollution damage

The decision of the Mauritian Supreme Court in Okiyo Maritime Corporation v The State of Mauritius , arising from the grounding of MV Wakashio , offers guidance on the scope of "oil pollution damage" within limitation of liability. The court was asked whether claims arising from bunker oil pollution fall outside limitation under the Merchant Shipping Act 2007, and whether a limitation fund could still be constituted for other claims. Its adoption of a broad, ordinary meaning of the term, determines the position of bunker oil under the Act.