Assurance Foreningen Skuld v. MV Sealion & Anor

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Facts:

Assurance Foreningen Skuld (Gjensidig) (the appellant) instituted an Admiralty action in rem against the MV Sealion (ex “Antibes”) and the Owners/Managers of the MV Sealion (the respondents). Simultaneous with the issuance of the writ in rem, the appellant filed an ex-parte application for the arrest of the vessel MV Sealion pending the provision of a bank guarantee to secure the appellant’s claims against the respondents. Auta J. of the Federal High Court sitting in Benin granted the order for the arrest of the vessel MV Sealion but proceeded to make an ancillary order that the appellant deposit the sum of N100,000.00k (One Hundred Thousand Naira) every week to the Admiralty Marshal to defray the expenses of keeping the vessel under arrest. The appellant being dissatisfied with the order appealed upon a lone ground of appeal.

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