The Respondent as plaintiff at the federal High Court sued the appellants for failure to deliver-to it is goods, which they received on board their vessel for carriage to and delivered Lagos the order of the plaintiff. The 2nd appellant filled an application for an order dismissing the action on ground that the Respondent (as plaintiff) had no locus stanch. The application was not supported by affidavit. After arguments the trial judge granted the application and dismissed the action. The Respondent (then as appellants) appealed. The 2nd appellant also appealed against the finding of the trial judge that the application ought to have been supported by an affidavit. The Court of Appeal allowed the appeal and ordered a new trial. The 1st and 2nd appellants have further appealed to the Supreme Court