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A.G OGUN STATE & ORS
V.
BOND INVESTMENT & HOLDINGS LTD

(2021) JELR 107147 (CA)

Court of Appeal 20 May 2021 Nigeria
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- The Court of Appeal struck out the appeal for want of jurisdiction, holding that pursuant to Section 7(4) of the Arbitration and Conciliation Act Cap A18 LFN 2004, no appeal lies against a court order appointing an arbitrator under Sectio

Case Details

Suit Number:CA/IB/58/2019
Judges:Jimi Olukayode Bada, JCA Ugochukwu Anthony Ogakwu, JCA Folasade Ayodeji Ojo, JCA
Counsel:MR. M. O. OGUNSANWO (Assistant Director Litigation Department, Ogun State Ministry of Justice Abeokuta) For the Appellants; CHIEF BOLAJI AYORINDE, SAN with him, MR. AKIN APARA, FOLAKE ADENIYI, Esq. and EMMANUEL ELIJAH, Esq. For the Respondent.

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court, Abeokuta Judicial Division delivered on 11/12/2018 in suit NO: FHC/AB/CS/62/2018 – BETWEEN –BOND INVESTMENT AND HOLDINGS LIMITED v. (1) ATTORNEY GENERAL OF OGUN STATE (2) OGUN STATE COMMISSIONER FOR FINANCE (3) THE GOVERNOR OF OGUN STATE (4) OGUN STATE GOVERNMENT wherein the trial Court by an order appointed MRS. REMI AWE FCI Arb (UK) Dip IC Arb as the co-arbitrator.

Briefly the facts of this case are that by an application filed on 14/6/2018, the Respondent (as Applicant) instituted an action against the Appellants (as Respondents) at the Federal High Court for the following order.

“An Order appointing a co-Arbitrator on behalf of the Respondents for the purpose of the Notice of Arbitration dated 12th December, 2017.”

The Respondent also filed a further Affidavit dated 21st November, 2018 pursuant to the directives of the trial Court.

The Respondent’s Application…

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