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



KALAGBOR
V.
GENERAL OIL LTD

(2007) JELR 50987 (CA)    

Court of Appeal  ·  CA/PH/323/2000 ·  19 Jun 2007 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA JCA (Presided) BODE RHODES-VIVOUR JCA (Read the Lead Judgment) IBRAHIM MOHAMMED MUSA SAULAWA JCA

Ratio Decidendi

Core Terms Beta
court
appellant
preliminary objection
notice of preliminary objection
learned trial judge
originating summons
grounds of appeal
lower court
set aside
court of appeal rules
hearing of the appeal
lead judgment
rivers state
ruling of the learned trial judge
appellant’s grounds
conditional appearance
decision of the trial court
default of the appearance of the defendant
high court
notice of appeal
provisions of section
rhodes-vivour jca
arbitrators of nigeria
charges of the said arbitrator
clear days notice
criminal proceedings
decisions of the federal high court
exercise of its discretion
final decisions of the said courts
following processes
following question
good time
hearing date
high court port harcourt
issue of pure fact
mrs. j. e. duncan
named arbitrator
order of this court
paragraph a
position of the law
preliminary objection ought
present appeal
pure facts
questions of law
remuneration of the arbitrators
rulings of the learned trial judge
said appointment
state high court
valid preliminary objection

RHODES-VIVOUR JCA (Delivering the Lead Judgment): In the High Court Port Harcourt, Rivers State, the plaintiff, now respondent instituted an action against the defendant, now appellant by an originating summons endorsed as follows:

  1. Appointing a named Arbitrator (pursuant to section 7(1) Arbitration and Conciliation Act) through the recommendation of the Institute of Chartered Arbitrators of Nigeria to enquire into the matter in difference between the parties as it relates to failure on their part to agree on the rent revision clause under a sublease agreement made on the 25th day of April, 1986 and to make award accordingly.
  2. Further or in the alternative, directing the plaintiff and defendant in this suit to submit to arbitration by adopting the procedure stated in section 7(1) and (2) of the Arbitration and Conciliation Act, 1988 for the resolution of the matter in difference between them.
  3. That the charges or remuneration of the arbitrators to be so appointed shall be borne by both p…
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