HELEN MORONKEJI OGUNWUMIJU, JCA (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of Hon. Justice Charles Efanga Archibong sitting at the Federal High Court, Lagos Division delivered on the 4th of May 2009. The facts that led to the appeal are as follows:
The Plaintiff, now 1st Respondent commenced an admiralty action at the trial court on the 23rd of February, 2007 via a writ of summons and statement of claim against 1st Defendant now 1st Appellant, the 2nd Defendant, now 2nd Appellant and the 3rd Defendant, now 2nd Respondent claiming damages for breach of a contract of affreightment for the non-delivery of two containers numbered GSTU 651256/6 and GSTU 897803/9 which were shipped on board the said vessel from Antwerp, Belgium to Apapa Port, Lagos, Nigeria.
Upon service of the writ of summons and statement of claim on the 1st and 2nd Defendants (now Appellants), the Appellants filed a Motion on Notice dated 30th of October, 2008 praying the court …