ALIYU, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Federal High Court, Lagos Judicial Division (trial court) delivered on the 19th May 2009 in respect of Suit No: FHC/L/CS/375/2009 by which the appellant’s suit was struck out. The appellant as the plaintiff before the trial court filed an admiralty action through a writ of summons dated the6th April 2009 by which it sought for the following relief against the respondent as the defendant:
The sum of US41,806,270.16 (Forty-one million, eight hundred and six thousand, two hundred and seventy US dollars, sixteen cents only) being for damages and losses accrued as a direct consequence of the sales of the A.G.O. that is against specification to it by the 2nd defendant with interest at 25% per annum from July 2008 till judgment and thereafter at 21% per annum till judgment sum is defrayed.
The writ of summons was accompanied with the appellant’s statement of claim and the documents the appellant intended …