SUNDAY ONUNGWA V. THE STATE
August 8, 2025OKORIE OKORONKWO V. THE STATE
August 8, 2025Legalpedia Citation: (1976) Legalpedia (SC) 75931
In the Supreme Court of Nigeria
Fri Jan 16, 1976
Suit Number: SC. 66/1975
CORAM
ALEXANDER, CHIEF JUSTICE OF NIGERIA
MADARIKAN, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
CHIEF REGISTRAR, HIGH COURT OF LAGOS STATE DEPUTY SHERIFF HIGH COURT OF LAGOS STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants levied execution on a vessel. The owner of the vessel approached the Federal High Court for a prohibition order as it was not a party to the High Court proceeding. The Federal High Court held that the actions of the appellants are illegal as same ought to be brought under admiralty proceedings.
HELD
The court upheld the appeal and held that the action is not one for arrest and detention of ship which falls under admiralty jurisdiction but execution of judgment of court.
ISSUES
Whether or not the actions of the Chief Registrar and the Deputy Sheriff were illegal.
RATIONES DECIDENDI
ACTION IN REM IN ADMIRALTY
An action in rem in Admiralty is primarily a proceeding against a ship or res by way of arrest and is indirectly a process compelling the appearance of the owner of the ship to defend his property thereby impleading him to answer to the judgment of the court to the extent of his interest in the property. ….MADARIKAN JSC
EXECUTION OF A WRIT OF FIFA
The James W. Elwell (1921) P.351 is direct authority in support of the proposition that a writ of fifa could be executed on a ship….MADARIKAN JSC
CASES CITED
The Parlement Belge (1880) 42 LT 273).
STATUTES REFERRED TO
