Facts:

The appellant (plaintiff in the trial court) filed a suit at the Federal High Court in Lagos claiming against the 2nd respondent owners of the 1st respondent the sum of USD 84, 127.78 (Eighty four thousand, one hundred and twenty seven dollars eight cents) being payments due in September 1999 as demurrage to the appellant from the 2nd respondent owners of the 1st respondent which was at that time lying in Nigerian territorial waters. This resulted in the charter by the 2nd respondent of the vessel “M/V Ken Koku” then owned and or on a time charter to the appellant.

At the close of pleadings, the respondents filed an application on 17/3/2000 seeking the following reliefs:

1. An order dismissing and/or striking out the suit

2. An order setting aside and/or discharging the letter of undertaking issued by the defendants as security for the plaintiff’s claim