Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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(2014) JELR 40193 (CA)    

Court of Appeal  ·  CA/L/895/2012 ·  14 Feb 2014 ·  Nigeria
CORAM
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
1st respondent
arbitral tribunal
court
appellant
shareholders agreement
appeal
arbitral award
offer letter contract
6th respondent
respondents
9th respondents
notice of appeal
4th respondents
abuse of process
chief judge of the federal high court
arbitration clause
error of law
jurisdiction of the arbitral tribunal
partial final award
preliminary objections
2nd-4th respondents
appellant's set aside submissions
breach of the shareholders agreement
brief of argument
conciliation act
first issue
high court of justice of lagos state
jurisdiction of the court
partial award
second issue
set aside
6th respondents
7th 8th
award vide section
cap a18 laws of the federation of nigeria
consequence of the partial award
effect of the offer letter contract
england 4th edition
following issues
grounds of appeal
high court of the failure of the appointing authority
leading judgment
notice of arbitration
respondent urges
said applications
sundry grounds

JOSEPH SHAGBAOR IKYEGH  (Delivering the Leading Judgment): The appeal is against the Judgment by the High Court of Justice of Lagos State (the court below), by which it refused to set aside an arbitral award entered by an arbitral tribunal in respect of disputed Shareholders Agreement between the 1st respondent and the appellant together with the other respondents.

In outline the 1st respondent initiated an action at the court below seeking some declaratory reliefs against the other respondents and the appellant. While the action was pending, the 1st respondent issued a notice of arbitration against the other respondents and the appellant alleging breach of the Shareholders Agreement between them.

The Shareholders Agreement had an arbitration clause in the event of dispute arising therefrom.

Pursuant to Clause 25 of the Shareholders Agreement containing the arbitration clause, the 1st respondent wrote to the then Chief Judge of the Federal High Court (Ukeje, CJ) to appoint arbitrator…

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