Facts:

By an Originating Summons filed at the Federal High Court, Lagos Division, the Appellants sought an Order that the arrest of the Applicants’ vessel MT. Oryx Trader by the Respondent Caveator against release of the vessel is wrongful, by the Respondent not being a party to the action, and other certain reliefs against the Respondent. The Originating Summons was supported by a 5 Paragraph Affidavit deposed to by one Olaniyi Sodeinde, Esq., as well as Exhibits attached. The Respondent responded by filing an 18 Paragraph Counter Affidavit deposed to by one Jadesola Alase, Esq, as well as Exhibits attached. Upon the adoption of the various Written Addresses by Parties, the lower Court Coram D. E. Osiagor (J.) delivered judgment and held that the law is clear that a person who is not a Party to a suit can file a caveat against the release of a vessel which the Respondent validly did. The lower Court then dismissed the claim of the Appellant.

Dissatisfied by the decision of the lower Court, the Appellant appealed to the Court of Appeal.