Facts:

In a bid to recover the sum of $581,898.24 (Five Hundred and Eighty One Thousand, Eight Hundred and Ninety Eight United States Dollars, Twenty Four Cents) being an amount accruing to it from supplies of bunkers to the 1st respondent, the appellant instituted an action in rem at the Federal High Court, Lagos Division against the 1st respondent. The 2nd respondent, being the owner of the 1st respondent, filed an application for joinder wherein it sought to be joined in order to defend its interest in the 1st respondent.
The appellant opposed the application on the ground that joinder of the 2nd respondent would alter the case of the appellant. The Federal High Court heard the application and ruled in favour of the 2nd respondent allowing it to be joined in the suit. The appellant was aggrieved and consequently filed an appeal at the Court of Appeal, Lagos Division praying the court to overrule the Federal High Court.
One of the issues for determination is whether having regard to the facts and circumstance of the suit, the learned trial judge was right to have ordered the joinder of the 2nd respondent in the matter and ordering the appellant to amend its originating process.