CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Abutu J. of the Federal High Court Lagos Division delivered on the 22nd day of May 2009 refusing to set aside its default judgment entered against the appellant on 15/3/08.
The action leading to this appeal was an admiralty action in rem initiated on the 15th day of September, 2006 by way of writ of summons and Statement of Claim filed by the 1st Respondent herein as Plaintiff against the 2nd to 4th Respondents who were the initial Defendants. On 25/9/06 the said 2nd to 4th Respondents filed a joint Statement of Defence admitting substantially the claims of the Plaintiff/1st Respondent. The 2nd Respondent is a vessel owned by the 3rd Respondent while the 4th Respondent is their agent in Nigeria.
The facts of the case are that the 1st respondent, a company registered in Nigeria, on 19th and 20th July 2006 entered into an international contract of sale with Gales Maritime Inc of Tor…