The respondent/applicant filed a Motion on Notice at the Court of Appeal, Lagos praying for several reliefs. One of the reliefs was that the court should order the Admiralty Marshal of the Federal High Court, to conclude the sale of vessel MT. Forth Mabel, the subject of dispute since the order to sell had been granted by Federal High Court. One of the grounds for their reliefs is that the appellants/respondents had failed, refused and neglected to provide security for the release of the vessel and that from the provisions of the Admiralty Jurisdiction Act, a court has the powers to order the sale of a vessel not bailed by the owners after six months of arrest. The appellants/respondents opposed the application and filed a counter affidavit. The appellants/ respondent contended that the sale of the vessel by the Admiralty Marshal will jeopardize its interests.
Held: (Unanimously allowing the application)