IROEGBU
V.
MV CALABAR CARRIER & ORS

(2007) JELR 48153 (CA)

Court of Appeal 29 Mar 2007 Nigeria
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- This is an interlocutory appeal against a ruling of the Federal High Court in Lagos. - The appellant invoked the admiralty jurisdiction of the court and filed an action in rem against the respondents. - The trial court released the 1st-4t

Case Details

Suit Number:CA/L/371/04
Judges:MONICA BOLNA' AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria Justice of The Court of Appeal of Nigeria
Counsel:Mr. A. C. Igboekwe For Appellant Mrs. F. Agbor For Respondent

DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Hon. Justice A. Mustapha of the Federal High Court holden in Lagos, delivered on the 3rd June, 2004.

Resume of the facts which led to this appeal is necessary as a foundation. The appellant invoked the admiralty jurisdiction of the Federal High Court, when on the 19th January, 2004; he filed an action in rem against the five respondents.

Upon a motion exparte, the appellant caused the 1st - 4th respondents to be arrested and detained pending the production by the respondents, of a first class bank guarantee from a reputable bank in Nigeria. Having failed to comply with the said condition the 1st - 4th respondents remained under detention.

The respondents eventually filed a motion on notice upon which the trial court pronounced a ruling on the 3rd June, 2004, releasing unconditionally, the 1st - 4th respondents.

The reason for the release as stated in the detailed ruling …

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