Facts:

The 5th and 6th Respondents who are Trustees of the Boat Operators, Water Transporters and Dredgers Association commenced an interpleader action, by way of originating summons against both the Appellants and the 1st – 4th Respondents, as defendants to protest persistent multiple levies and taxation from both the Federal and Lagos State Agency (ies) on their operation. In the originating summons, they sought the court’s direction as to which of the agencies is entitled to issue operational permits/licenses, impose taxes, issue regulations, superintend and administer their operations within the inland waterways in Lagos State. In their reaction to the originating summons, the Appellants, as 5th and 6th defendants, filed their counter-affidavits deposed to by Mrs. Marian Bodunwa and Mr. David Wilbert, respectively, together with supporting written addresses while the 1st to 4th Respondents, as 1st to 4th Defendants, filed a joint counter-affidavit and a written address in opposition the originating summons. At the close of trial, the learned trial judge, in his judgment delivered found in favour of the Appellant. The court directed that the Plaintiffs defer to the Appellants in the course of their activities.

Dissatisfied, the 1st to 4th Respondents lodged an appeal at the Court of Appeal (lower court) which allowed the appeal and set aside the judgment of the learned trial Judge.

The Appellants are dissatisfied with the judgment of the lower court, appealed to the Supreme Court.