INTRO SHIPPING LIMITED (OWNERS OF THE VESSEL M. T. SEA CROSS) V. LOGOS TRADING N. V.

OGUNTADE, JCA (Delivering the Lead Ruling): In suit No. FHC/L/ CS/398/98, the applicant was the defendant and the respondent the plaintiff. In a motion dated 9/3/99, the applicant had prayed for the following:

“(1) Striking out this suit on the ground that the plaintiff has been restrained from litigating on the subject matter of this suit, by an English Court of competent jurisdiction vide an Anti - suit injunction made by the English Court against the plaintiff. In the alternative,

Staying further proceedings in this suit on the ground that the subject matter of this suit is also the subject matter of a suit now pending before an English Court in the United Kingdom between the same parties ...

Jinadu J heard arguments for and against the grant of the prayers from parties’ counsel and on 13/8/99, and in a considered ruling dismissed the application by the applicant. Dissatisfied, the applicant on 27/1/2000 filed a notice of appeal against the said ruling. It is important for the purpo…