Facts:

The appellant filed a suit at the Federal High Court against the respondents and claimed N5,000,000 (Five Million Naira) for salvage services rendered to and acknowledged by the respondents. During the pendency of the suit, the appellant sought and obtained an ex parte order for the detention of the 1st respondent in order for the respondents to provide a bank guarantee to secure the appellant’s claim at the trial court. At the same time, the lower court ordered the appellant to file an undertaking as to damages and an indemnity for the Admiralty Marshal’s expenses. In fulfilment of the undertaking, the appellant was ordered to pay the Admiralty Marshal N100,000 for every week the 1st respondent remained under arrest in order to defray Marshal’s expenses. The appellant complied with the order of the court and paid the required sum.

However, the respondents did not provide the bank guarantee as ordered by the trial court but proceeded to apply for the unconditional release of the 1st respondent and also deposed that they had complied with the conditions stated in the court’s order directing the arrest of the 1st respondent. The appellant in response objected to the respondent’s application. The trial court in its decision granted respondent’s application and ordered the unconditional release of the 1st respondent.

Dissatisfied with the decision of the trial court, the appellant appealed to the Court of Appeal but the lower court dismissed its appeal.

Further dissatisfied the appellant appealed to the Supreme Court.