(1999) JELR 49377 (SC)    

Supreme Court  ·  SC.97/1993 ·  9 Jul 1999 ·  Nigeria
Other Citations
Ebokam v. Ekwenibe & Sons.Trading Co. (1999) 10 NWLR (Pt. 622) 242 (1999) 7 S.C (Pt I) 39
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
trial court
rights of the parties
final decision
arbitration award
final order
interlocutory decision
learned counsel
notice of appeal
trial judge
appeal of the appellant
decision of the learned trial judge
leading judgment
dissolution of the partnership
logical conclusion
lord alverstone c.j.
order test
respect of the consolidated applications
ruling of the learned trial judge
23rd day of march
altrincham udc
appointment of an arbitrator
award set
constitution of the federal republic of nigeria
distinct tests
high court judge
lagos state high court
learned trial judge famakinwa j.
leave of the trial court
legal position
main issue
order of famakinwa j
order of the lower court
own application
real test
record of appeal
respectful view
respect of the subject-matter
ruling of the court of appeal
said arbitrator
said court
s. m. a. belgore
submissions of both counsel
whole ruling

U. A. KALGO, J.S.C. (Delivering the Leading Judgment): This appeal is against the ruling of the Court of Appeal (Lagos Division) delivered on the 23rd day of March, 1993 striking out the appeal of the appellant. The Court of Appeal held that the ruling of the learned trial judge delivered on 26th of July 1990 appealed against, was an interlocutory and not a final decision and no leave of the trial court or the Court of Appeal was obtained before filing the appeal which was filed about two and a half months after the delivery of the said ruling.

In the trial court, the Lagos State High Court, holden in Lagos, the respondent filed an application to set aside an arbitration award made by an arbitrator appointed by the said court in accordance with an agreement signed by the parties to this appeal. While the respondent's application was still pending, the appellant filed his own application to enforce the arbitration award. These two applications were then consolidated and heard together …

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