(2011) JELR 46102 (CA)    
Court of Appeal  ·  CA/A/213/2010 ·  19 May 2011 ·  Nigeria
PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
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nwlr part
jurisdiction of the english court
senior counsel
english court
learned trial judge
learned counsel
exhibit vitol
notice of preliminary objection
record of appeal
following cases
laws of the federation of nigeria
judgment of the english court
registration of the judgment
own case
provisions of section
authoritative decision of the supreme court
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view of the foregoing
affidavit of the appellant
a.g. abia state v
agreed period
agreed quantity of automotive gas oil
attorney general of lagos state
careful examination of the above provisions of the court
contract agreement
determination of the appeal
exclusive jurisdiction of the high court of justice
facts of this case
federal high court lagos
foreign company
high court of england
jurisdiction of high court of england
leading judgment
own part of the contract
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registered office of the appellant
ruling of the high court of the federal capital territory abuja
said order
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use of the word
view of the fact

JIMI OLUKAYODE BADA, J.C.A (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of the Federal Capital Territory Abuja in Suit No: FCT/HC/PET/155/09 delivered on the 1st day of March 2010.

The facts of this case as could be gleaned from the record of appeal are that the Appellant is a Nigerian downstream petroleum distribution company while the Respondent is a foreign company that sells automotive gas oil and other related petroleum products to companies and individuals in West Africa and elsewhere.

Sometime in 2007 and 2008, the Appellant entered into contract agreement with the Respondent by virtue of which the Respondent was required to supply an agreed quantity of automotive gas oil to the Appellant at a designated place offshore Cotonou.

It was alleged that the Respondent performed its own part of the contract but that the Appellant failed to take delivery of the products from the designated place within the agreed period as a result of which …

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