(1992) JELR 44644 (SC)    

Supreme Court  ·  SC.157/1990 ·  3 Jul 1992 ·  Nigeria
Other Citations
Consortum M.C. v. N.E.P.A. (1992) NWLR (Pt. 246) 132 (1992) 7 SCNJ 1
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
want of prosecution
extension of time
court of appeal rules
senior advocate
brief of argument
learned trial judge
case of western steel works ltd.
clear view
first ruling
justice of the court of appeal
record of proceedings
13th day of march
appeal of the defendant
arbitral proceedings
bases of this appeal
case of the vice chancellor a.b.u. zaria
concurring judgment of the learned justice of the court
correct interpretation of orders
counsel fort
date of actual receipt of the record
decision of the high court
first point
following issues
hon. justice f.g. awogu
interlocutory appeal
leading judgment
learned justices of the court of appeal
main purpose of the rules
m. l. uwais
order of precedence
particular issue
p. nnaemeka-agu
present appellant
proper procedure
real issue
reason of failure
receipt of the notice of compilation
see fari khawan v
uncontradicted affidavit of chike akosa
want of prosecution of its appeal
wrongful exercise of the court

P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): On 17th December, 1984, the plaintiff obtained a final award from a panel of three arbitrators against the defendant in arbitral proceedings arising out of a contract. An application by the defendant in suit No.M/44/85 to set aside the final award or remit it to the arbitrators for consideration was dismissed by Famakinwa, J., on the 29th of January, 1987.

Dissatisfied with the decision of the High Court on the matter the defendant appealed to the Court of Appeal. Because the defendant/appellant failed to file its brief within time, the plaintiff/respondent filed a motion to dismiss the appeal for want of prosecution. That application is one of the two applications which have led to this appeal.

This interlocutory appeal is against two rulings made by the Court of Appeal, Lagos Division on the 13th day of March, 1990 in the suit. The first ruling related to the application, dated the 29th day of November, 1989,by the present a…

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