Facts:

The plaintiff had sued the M/T Anna its master; the ships brokers and Crescent Africa a Ghanaian company and Time Charterers of the M/T Anna for a breach of its carriage contract and a failure to deliver its cargo of 5442 MT of PMS arising from a dispute over a time charter party and its sub-charter.

By a motion date 22nd January 2007 at an ex parte hearing the plaintiff sought and obtained an order of Court arresting or detaining the vessel M/T Anna which by its affidavit in support (and affidavit of urgency) was stated to be anchored 14 nautical miles Lagos offshore FWB anchorage allegedly within Nigerian territorial waters and therefore within the jurisdiction of the court. This was the basis for the order of the Court of 23rd January, 2007 when it ordered the arrest of the M/T Anna.