Before Their Lordships
MOHAMMED LAWAL GARBA, Justice of the Court of Appeal
JOSEPH SHAGBAOR IKYEGH, Justice of the Court of Appeal
TIJJANI ABUBAKAR, Justice of the Court of Appeal
Between
1. THE VESSEL MT. SEA TIGER
2. SEA TIGER TANKERS S.A. Appellants
And
1. ACCORD SHIP MANAGEMENT (HK) LTD
2. CROWLEY ACCORD SHIP MANAGEMENT LTD
3. CROWLEY MARITIME CORPORATION Respondents
…………………….A…………………….
GARBA, J.C.A. (Delivering the Leading Judgment): The Appellants being dissatisfied with the dismissal of their claims against the Respondents in Suit No. FHC/L/CS/242/2016 by the Federal High Court, sitting at Lagos (Lower Court) in a decision delivered on 5th June 2017, brought this appeal vide the Notice of Appeal filed on 21st August, 2017 against it on four (4) grounds.
The background facts that led to the claims, briefly, are that the 2nd Appellant and the 1st Respondent, both foreign, entered into a Ship Management Agreement (SMA) on the 18th February, 2012, in Hong Kong for the management of the 1st Appellant Vessel MT Sea Tiger. In clauses 23 and 25 of their agreement, the parties agreed that any dispute arising from or in respect of the agreement shall be referred to International Arbitration in London. However, in alleged breach of the arbitration clauses/agreement, when a dispute arose as to payment of the management fees between the parties, the 1st Respondent instituted the Suit NO. FHC/L/CS/1789/2013 for the arrest of the 1st Appellant for which it gave an indemnity as to damages in favour of the Appellants for any loss or damages that they may suffer as a result of the arrest in the event that the application for the order was found frivolous.
Eventually, the Respondents withdrew the suit by a notice of discontinuance and the vessel was ordered to be released by the Lower Court on 27th February, 2014. In consequence of the arrest of the 1st Appellant from 31st December, 2013 to 27th February, 2018, the Appellants sued the Respondents for damages and losses suffered and claimed thus:-
