The appellant is an Icelandic firm and at all times physically outside the territory of the Federal Republic of Nigeria.

By order of the Federal High Court of Lagos, the appellant was joined as a defendant in proceedings against the Vessels MV Bacoliners 1-3 (as 1st defendant) and their agent in Nigeria, one "Brawal" (as 2nd defendant) in respect of a claim on contract of carriage by sea. The goods were- carried from Iceland and discharged in Hamburg according to terms of the bill of lading. In Hamburg they were "transshipped" according to express terms on the face of the bill of lading contract and carried to Nigeria on the Vessels MV Bacoliners 1-3 by principals of Brawal.

The learned trial Judge ordered that delivery of original processes on Brawal who is not an agent and with whom the appellant has no business relationship is sufficient service on the appellant. The appellant's motion to set aside the service and dismiss the claim for want of in personam jurisdiction was dismissed by the trial Judge. An appeal to the Court of Appeal was dismissed. Dissatisfied with the judgment, the appellant has appealed to the Supreme Court.