APM TERMINALS LIMITED & ANOR V. CLEMENT OKONKWO

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the Ruling of the High Court of Justice of Lagos State (the Court below) whereby it refused to set aside its default judgment for damages for breach of contract entered for the respondent against the appellants.

Shorn of details, the gist of the case was that the respondent filed an action at the Court below for damages for breach of contract of bailment/warehousing of goods against the appellants. The appellants were served with the originating process containing the writ of summons, statement of claim and written statements on oath of witnesses. Upon the service of the originating process on them, the appellants filed a memorandum of conditional appearance with a preliminary objection challenging the jurisdiction of the Court below that the action was in admiralty outside the jurisdiction of the Court below.

The Court below heard and dismissed the preliminary objection. While the appeal was pending, t…