(2016) JELR 39930 (CA)    

Court of Appeal  ·  CA/EK/33/2016 ·  7 Oct 2016 ·  Nigeria
AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria FATIMA OMORO AKINBAMI Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
arbitral award
learned trial judge
lower court
29th day of september
conciliation act
face of the award
notice of appeal
eighteen thousand naira
grounds of appeal
set aside
12th day of may
19th day of october
8th day of july
exhibit k
facts of the case
ground of error of law
a18 laws of the federation of nigeria
a18 of laws of the federation
adeola j. o.
ado ekiti
ahmad olarewaju belgore j.c.a.
araka v
arbitration clause
current respondent
decision of the court
exchange briefs of argument
exhibit k.
high court of ekiti state
hon. justice j. o. adeyeye
honourable j. o. adeyeye
incomplete report of the independent quantity surveyor
instance of the respondent
leading judgment
main plank of the submissions
original document
paul obi elechi
ruling of the ekiti state high court
submission of the learned counsel
terms of the terms of settlement
total sum of n4,518,000.00
trial judge
unsigned document

AHMAD OLAREWAJU BELGORE J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of the Ekiti State High Court of (Now hereinafter referred to as ?Lower Court?) presided over by Honourable J. O. Adeyeye, J (Now ?The Trial Judge?) delivered on the 29th day of September, 2015 whereby an arbitral award made by an Arbitrator, Engr. Adeola J. O. on the 8th day of July, 2014, was set aside at the instance of the Respondent herein.

The Appellant being dissatisfied with the said ruling has appealed to this Court vide a Notice of Appeal dated and filed on the 19th day of October, 2015, containing three grounds of appeal.

Parties have filed and exchange briefs of argument. The Appellant identified two issues for determination, viz:

i. Whether the Lower Court was right to have set aside the Arbitral Award on the ground of error of law on the face of the award (a ground not recognised by Sections 29 and 30 of the Arbitration and Conciliation Act, Cap. A18 of Laws of the Federati…

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