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FCMB
V.
NAGOGO

(2016) JELR 40558 (CA)

Court of Appeal 7 Apr 2016 Nigeria
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- The case involves a share loan agreement between the respondent and appellant for the acquisition of stocks of quoted companies. - The dispute between the parties was referred to arbitration, and an arbitrator was appointed by the Abuja M

Case Details

Suit Number:CA/A/476/2012
Judges:TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Counsel:Afam Osigwe, Esq. with him, Ikechukwu Odanwu, Esq. and Tochukwu Akubuilo, Esq. For Appellant Austin Ugwuanyi, Esq. holding the brief of A. B Afolabi, Esq. For Respondent

JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): The respondent entered into a share loan agreement with appellant for the acquisition of stocks of quoted companies as approved by the respondent. The transaction went sour resulting in the Abuja Multi-Door Courthouse appointing one Engineer Ononbhara Odigie as the sole arbitrator to arbitrate in the dispute between the parties. The appointment was subsequently agreed to and confirmed by the parties at a preliminary meeting held on 17/8/2009.

The sole arbitrator made his award in favour of the respondent. The award is dated 28/2/2010. The award was however published or made known to the appellant on 6/5/2010. Aggrieved by the award the appellant commenced Suit No.FHC/HC/CV/1786/10 at the High Court of the Federal Capital Territory, Abuja (the that Court for short) by an application pursuant to Section 30 of the Arbitration and Conciliation Act, 1988. It sought for a setting aside of the award on the ground that the arbitrator…

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