Facts:

The appellant instituted an action on 5th December 2006 against the respondents at the Federal High Court, Lagos claiming the sum of US$517,808.56 as the total outstanding amount and interest owed by the respondents to the appellant on insurance cover provided for the 1st respondent’s vessel M/T Tuma on various policies for the periods 1996 and 1998 – 2001; and cost of prosecuting the action. The appellant alleged that the amount represented the total outstanding amount and interest due from the respondents as a result of unpaid premium calls on the various insurance covers provided for the vessel. The insurance covers were terminated in October 2001.

The respondents filed a memorandum of appearance and subsequently, without filing a statement of defence, filed a notice of preliminary objection seeking to dismiss the appellant’s suit on the ground that the action was statute-barred under the Admiralty Jurisdiction Act, 1991. The appellant responded by way of a counter-affidavit.

The trial court in its ruling upheld the preliminary objection and dismissed the appellant’s action.

Dissatisfied with the ruling, the appellant appealed to the Court of Appeal. The Court of Appeal dismissed the appeal and affirmed the decision of the trial court.

Further dissatisfied with the judgment of the Court of Appeal, the appellant appealed to the Supreme Court.