(2000) JELR 43922 (CA)    

Court of Appeal  ·  CA/E/46/99 ·  13 Dec 2000 ·  Nigeria
Other Citations
Bendex Eng. v. Efficient Pet. (Nig.) (2001) 8 NWLR (Pt.715)333
SULE AREMU OLAGUNJU Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
senior advocate
conciliation act
2nd appellant
1st appellant
grounds of appeal
learned trial judge
rules of reconciliation
particulars of error
efficient bendex industries ltd.
preliminary objection
common ground
decision of the court
joinder of the 2nd appellant
legal basis
notice of the preliminary objection
ruling of the court
2nd ground of appeal
5th ground of appeal
applicable principles of law
applicable procedure
arbitration of the accordance
brief submission
competence of the appeal
concluding clauses of the agreement
days of an arbitrator
essence of sub-section
federal high court
instance of the respondent
international chamber of commerce arbitration rules
learned judge
managing director of the respondent
material parts
operation of sub-section
oral argument
pursuance of a business venture
related issues
right decision
signing of a joint venture agreement
speciality of the 1st appellant
support of respondents
vol.1 laws of the federation of nigeria

OLAGUNJU, J.C.A. (Delivering the Leading Judgment): The appeal is against the Ruling delivered on 11/12/98 by Kassim, J., of the Enugu Judicial Division of the Federal High Court appointing arbitrators at the instance of the respondent to look into the dispute between her and the appellants arising from an agreement between the respondent and the 1st appellant, the negotiation and execution of which the 2nd appellant facilitated.

The agreement was in pursuance of a business venture during the negotiation of which the 2nd appellant who was based in the United States of America (U.S.) introduced the 1st appellant to Chief Enemour, the Managing Director of the respondent, for the purpose of exploring the possibility of establishing locally water processing and bottling technology which is the speciality of the 1st appellant in the U.S. The culmination of the business exploration by the parties was the signing of a Joint Venture Agreement, Exhibit 'A', leading to the incorporation on 18/…

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