The 3rd appellant vessel arrived Nigeria and started discharging its cargo but the cargo receivers obtained an order of interim arrest of the 3rd appellant for the value of 58.0 metric tons of shortlanded cargo of Brazilian white sugar shipped on board from Brazil to Nigeria and for damages.

While the said order of arrest was still in force, the respondent who was the landing agent to the 3rd appellant, sent a bill to the appellants for the sum of $152,895.30 as anchorage and berthage dues incurred by the 3rd appellant during the period of her arrest which was to be paid to the Nigerian Ports Plc.

Respondent and the Nigerian Ports Plc refused to allow 3rd appellant to sail.

Appellants filed an action against the respondent in the Federal High Court claiming the money paid as port charges, interest thereon and costs of the action.

They also sought ex parte an order restraining the respondent or any bank or financial institution from utilizing the money paid as port charge, and also to compel the respondent to pay same into the court. The court granted the ex parte application.

Respondent sought the discharge or stay of the order and the court ordered its stay.

The appellant was dissatisfied and appealed.