Appellant sued the owners of M.V. Chaika at the Federal High Court before Sanyaolu, J. for a debt owed it by the owners of M.V. Chaika. A default judgment was entered in favour of the appellant in the sum of 336,705.15 U.S. dollars or its naira equivalent with interest. A writ of attachment and sale of good was issued by the Registrar of the court.

Thereafter, crew members of the ship sued the owners of the vessel claiming their salaries, cost of general maintenance and supplies from June, 1996 to 28th February, 1997.

The trial court the 29th respondent (owner of the ship) to provide the crew with food and provisions in the sum of 20,000.00 U.S. dollars. The first set of respondents' claim was settled with the 29th respondent in the terms of settlement between the master and crew of M.V. Chaika that the vessel be sold to one Genesis Worldwide Shipping for 5500,00.00 U.S. Dollars with liberty to pay the master and crew. The balance of 97,679 U.S. dollars was to be kept in a domiciliary account in Lagos as security for costs against other creditors inclusive of the appellant's judgement sum. It was also mutually agreed between the parties that once the terms of settlement was filed, the action shall abate and be discharged.

The application was listed before Ukeje, J. on 10th October, 1997 and the court ordered the private sale of the vessel to proceed and sealed bids to be sent to the Admiralty Marshal who was to open the bids and report back to the court on 20th October, 1997 and the court ordered the private sale of the vessel to proceed and sealed bids to be sent to the Admiralty Marshal who was to open the bids and report back to the court on 20th October, 1997.

Appellant was not a party in the above suit pending before Ukeje J. but who was aware of the development in the suit rushed to the court of Sanyaolu, J. which had entered judgment in its favour in suit No. FHC/L/CS/1244/96 with an application to restrain the Admiralty Marshal from proceeding to sell the vessel on the orders of Ukeje, J. consequent upon the terms of settlement filed before it.

Reference was not made of the judgment of Sanyaolu, J. whose judgment was secured by the vessel M. V. Chaika under attachment. Sanyaolu, J. refused the appellant's application on the ground that it lacked jurisdiction to restrain the Admiralty Marshal from carrying out the orders of Ukeje J. being the competent order or a court of co-ordinate jurisdiction.

Appellant then filed a motion on notice before Ukeje, J. seeking leave to join in the suit No. FHC/L/CS/262/97 as an intervener, an order suspending the court's earlier order regarding the sale of the ship pending the determination of the application.

Ukeje, J. dismissed the application. Aggrieved, the appellant appealed to the Court of Appeal.