AGRO-ALLIED DEVELOPMENT ENTERPRISE LTD
V.
UNITED SHIPPING TRADING COMPANY INC.

(2010) JELR 49382 (CA)    

Court of Appeal  ·  CA/L/159/05 ·  23 Jul 2010 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
arbitral award
court
appeal
learned trial judge
respondent
public policy
arbitration award
issues
date of award
conciliation act cap
exercise of a lien
government cargo
nigerian courts
united states dollars
enforcement of the arbitral award
english law
legal cost
legal costs
mr. oduba
above ruling
adzira gana mshelia
charter-party agreement
decision of the arbitrators
expert testimony
federal high court lagos
final award exh fa2
final issue
first instance
following findings
gbp sterling
issue b
issue c
issues a
leading judgment
learned trial judge senlong
nigerian government
notice of appeal
order of the london high court
said charter-party agreement
said vessel
sums of the award

HUSSEIN MUKHTAR, J.C.A.(Delivering the Leading Judgment): The plaintiff (the respondent herein) brought an originating motion at the Federal High Court Lagos (the court below) for enforcement of the arbitral award against the defendant (the appellant herein) made in London on the 28th April, 1997 as detailed in paragraph 16 of the supporting affidavit dated 11th February, 1998 thus:

"The sums of the award for which the plaintiff/applicant as at 10th February, 1998 now seeks to enforce the judgment are as follows:

a. US$ - DOLLARS

Principal sum due at date of award = US$84,531.81

Interest at 8% from date of award @

daily rate of $18.52 to today = US$5,352.28

10.2. 1998 (289 days)

Total due at 10 February, 1998 = US$89,866.09

b. GBP STERLING

i. Tribunal's cost of Arbitration award = GBP8,319.00

Interest at 8% from date Of award @

daily rate of GBP 1.82+to today 10-2-

1998 (289) day = GBP 525.98

= GBP 8,844.98

ii. Claimants' legal costs Pursuant to arbitration

award = GBP24,753.71

Inte…

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