JOSEPH S. IKYEGH, JCA (DELIVERING THE LEADING JUDGMENT): The appeal is from the decision of the Federal High Court sitting in Lagos (the Court below) by which it refused to vacate an order of ex parte injunction and issued a temporary injunction with respect to the fate of 4 million litres of Automative Gas Oil (AGO) said to be in the 3rd respondents tank farm and 1.5 million litres of AGO kept in the storage facility by the appellants.
In sketch, the action was commenced at the Court below vide writ of summons and accompanying processes (statement of claim and other front-loaded processes) seeking for a declaration that by the Nigerian Maritime Administration and safety Act 2007 (NIMASA Act) setting up the 2nd respondent, the 2nd respondent is not entitled to approve and/or facilitate the release of the petroleum product in the 3rd respondents tank farm without the consent of the 1st respondent as well as for an order directing the 3rd respondent to release to the 1st respondent 1.5 m…