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ARAKA
V.
EJEAGWU

(2000) JELR 44022 (SC)    

Supreme Court  ·  SC.51/1999 ·  15 Dec 2000 ·  Nigeria
 · 
Other Citations
ARAKA V. EJEAGWU (2000) 12 S.C. (PART I) 99
CORAM
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court
application
grounds of appeal
ground
court of appeal
appeal
respondent
learned trial judge
conciliation act
arbitral award
enforcement of the award
laws of the federation of nigeria
learned majority justices of the court of appeal
respondent's application
time limit
originating summons
said ground
arbitral proceedings
high court
anambra state high court rules
present case
competency of the motion
decision of the court of appeal
erroneous view
following issues
respective briefs of argument
suo motu
abandon grounds
above submissions of the appellant
a. i. katsina-alu
appellant hon. e. o. araka
behalf of the parties
court of law raise
enforcement of an award
facts of this case
first place
judge of the high court
leading judgment
liability of the parties
majority decision of the court of appeal
real question
respect of the appellant
rules of this court
second place
set aside
submission of counsel

A. I. KATSINA-ALU, JSC (Delivering the Leading Judgment): This is an appeal from the majority decision of the Court of Appeal which dismissed the appellant's appeal to that Court.

The facts of this case are simple and straight forward. The applicant Hon. E. O. Araka by an originating summons commenced an action for the recognition and enforcement of an award. The award was made pursuant to the Deed of Lease dated 9th October, 1975. Clause 4(a) of he Deed of Lease provides for revision of the reserved rent every fifteen years while clause 4(b) provides as follows:

"If the Lessor and Lessee are unable to agree as to the rent to be paid upon revision as aforesaid, the matter shall be referred to an Arbitrator agreed upon by them or in the absence of such agreement to an arbitrator appointed by a Judge of the High Court."

Sequel to the liability of the parties to agree upon an arbitrator as provided for under Clause 4(b) of the Lease Agreement (Exhibit 1), Olike, J., of the High Court, On…

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