Facts:

The 1st claimant is a Korean engineering Company registered and carrying on business in Nigeria. It operates within the Lagos Deep Offshore Logistics Base (LADOL) Free Zone in Lagos through the 2nd claimant under the name and style of SHI-MCI Free Zone Enterprise.

The 2nd claimant is a joint venture fabrication and integration yard created to produce topside modules on a floating production storage and offloading vessel at the LADOL Free Zone.

In 2013 the 1st claimant entered into an Engineering Procurement Construction and Installation (EPC) Contract with Total Upstream Nigeria Ltd. In furtherance of the EPC contract, the 2nd claimant entered into a Sublease Agreement in 2014 with the 1st defendant for the construction of a fabrication yard where the claimants would carry out installation of topsides. Based on the Sublease Agreement the 2nd claimant also entered into a Master Logistic Base Service Agreement with the 2nd defendant whose duty was to provide exclusive ferry transportation services to the claimants.

Sometime in September 2018 the 1st defendant alleged certain breaches by the claimants and by a letter dated September 4, 2018, terminated the sublease and gave the claimants a period of 90 days to vacate the premises and remove their fixtures. The defendants subsequently prevented the claimants the opportunity to enter and use the fabrication yard as well as stopped the provision of transport services to the claimants.

Aggrieved by the action of the defendants and in accordance with the sublease agreement, the claimants commenced arbitration proceedings against the 1st defendant at the London Court of International Arbitration (LCIA). Considering that they still had a pending EPC contract to fulfill, the claimants also filed an action by way of originating motion against the defendants at the Lagos State High Court seeking inter alia the following injunctive reliefs pending the conclusion of the arbitration at London;

a. “AN INJUNCTION restraining each of the Defendants by themselves and acting through agents, privies, directors, employees, subsidiaries or associated companies from denying the Claimants right to access, ingress and egress, and the use and enjoyment, of the Second Claimant’s Fabrication Yard situated at the LADOL Free Zone at Tarkwa Bay, Lagos, pursuant to a Sublease Agreement made between the Second Claimant and the First Defendant, dated on or about 1 July 2014, until final determination of LCIA Arbitration commenced by the Claimants through their relevant request for Arbitration;

b. AN INJUNCTION restraining each of the Defendants by themselves and acting through agents, privies, directors, employees, subsidiaries or associated companies from withdrawing or suspending any of the services due to the First Claimant pursuant to a Master Logistics Base Services Agreement made between the First Claimant and the Second Defendant, dated on or about 1 July 2014, until final determination of the LCIA Arbitration commenced by the Claimants through their relevant requests for Arbitration.

c. AN INJUNCTION restraining each of the Defendants by themselves and acting through agents, privies, directors, employees, subsidiaries or associated companies from withdrawing or suspending any of the services due to the Second Claimant and a Master Logistics Base Services Agreement made between the Second Claimant and the Second Defendant, dated on or about 1 July 2014, until final determination of the LCIA Arbitration commenced by the Claimants through their relevant request for Arbitration”

In response, the Defendants filed an application seeking to dismiss or strike out the Claimant’s suit and trial commenced.