ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court Lagos delivered by Abutu J. on 12th December, 2000 refusing the appellant's application for striking out or dismissal of the suit. The brief facts of the case is as follows: The respondent, the owner of the vessel m/v Suwe Star sometimes in August, 1997 engaged the services of the Appellant for the dry docking repairs of leakages in the propeller hub and Hull cleaning of the vessel. It was agreed between both parties vide the letter of quotation dated 25th August, 1997 written to the respondent by the appellant that the job would be completed within 7 days of docking after which the vessel will be undocked and handed over to the respondent.
The respondent, at the material time, also informed the appellant of its contracted obligation to a third party, Socomar Nigeria Limited, under a time charter party at an agreed rate of N136,000 US Dollars per voyage.
Inspi…