On the 6th of January, 1993 the Federal High Court of Nigeria sitting at Lagos and presided over by Justice Mamman Kolo made an order joining Eimkskip Limited (the appellant) as the 3rd defendant and further ordered that service of all processes on it (Eimkskip Limited) be effected on Brawal Shipping Limited, the second defendant in the suit originally brought by Exquisite Industries (Nigeria) Limited against Bacoliners 1-3 (the first defendant) and Brawal Shipping Nigeria Limited (the second defendant). Consequent upon the Joinder and the service of the process, the 3rd defendant filed a summons dated 27th January, 1993 before the lower court to set aside the order of service of the writ of summons and other processes on the 3rd defendant as well as striking or dismissing the entire claim against the 3rd defendant on the ground that the Federal High Court of Nigeria has no jurisdiction over the said 3rd defendant in respect of the subject matter of the relief sought. In his considered ruling after arguments have been canvassed on both sides, the court below, refused the application on 1st March, 1993.

Dissatisfied, the appellant appealed to the Court of Appeal.