U. M. ABBA AJI, J.C.A, (Delivering the Leading Judgment): This appeal is against the Ruling of Hon. Justice I.N. Auta of the Federal High Court, Benin, delivered on the 22nd October, 2002.
The Appellant who was the plaintiff before the trial court instituted an Admiralty action in rem against the Respondents, the Owners/Managers of Sealion ("ex-Antibes") the 1st Respondent herein. Simultaneously with the issuance of the Writ in Rem, the Appellant filed swap an exparte application praying for the arrest of the 1st Respondent pending the provision of a bank guarantee to secure the Appellant's claims against the Respondents.
The Lower Court heard the ex-parte application and in its ruling delivered on the 22nd October, 2002, granted the order sought by the Appellant and went further to make ancillary order which required the appellant to deposit the sum of N100,000.00k (One hundred thousand naira) weekly, with the Admiralty Marshal for servicing the arrested vessel.
The Appellant being…