ADMIRALTY: SHIP ARREST; CAVEAT AGAINST SHIP RELEASE; DOES A PERSON WHO FILES A CAVEAT FOR THE RELEASE OF A SHIP HAVE TO BE A PARTY TO THE ACTION?

MT. ORYX TRADER & Anor. v. WRIST SHIPPING SUPPLY

Court of Appeal (Nigeria)

(DONGBAN-MENSEM; OGBUINYA; UMAR, JJ.CA)

Background Facts

By an Originating Summons filed at the Federal High Court (lower court), Lagos Division, Mt. Oryx Trader & Arial Marine Company (the Appellants) sought an Order that the arrest of the Applicants' vessel - Mt. Oryx Trader by Wrist Shipping Supply (the Respondent) Caveator against the release of the vessel is wrongful, by the Respondent not being a party to the action, and other certain reliefs against the Respondent. The Originating Summons was supported by a 5 Paragraph Affidavit deposed to by one Olaniyi Sodeinde, Esq., as well as Exhibits attached. The Respondent responded by filing a counter Affidavit duly deposed to by, as well as Exhibits attached. Upon the adoption of the various Written Addresses by Parties, the lower court delivered judgment and held that the law is clear that
a person who is not a Party to a suit can file a caveat against the release of a vessel which the Respondent validly did. The lower Court then dismissed the claim
of the Appellant.