(1996) JELR 46010 (SC)    

Supreme Court  ·  SC.192/1989 ·  27 Feb 1996 ·  Nigeria
Other Citations
KSO & Allied Prod. Ltd. v. Kofa Trad. Co. Ltd. (1996) 3 NWLR (Pt. 436) 244 (1995-1996) All NLR
K.S.O.Allied Prod. Ltd. v. Kofa Trad. Co. Ltd. (1996) 3 NWLR (Pt. 436) 244
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
deed of assignment
alhaji aminu ibrahim kofa
high court
initial agreement
kano state oil
writ of summons
appointment of an arbitrator
court of appeal
kano state
arbitration law
learned trial judge
civil procedure
final judgment
kofa trading company nig
legal claim
allied products ltd.
chairman of kofa trading company limited
kofa trading company
laws of the federation of nigeria
provisions of the arbitration clause
sole arbitrator
affidavits see oniah v
airport road
ana investment
arbitration law of laws of northern nigeria
circumstance of this case
contention of the appellant
course of the execution of the contract ma
fundamental rights
high court judge of kano state
high court of kano state
higher registrar of this court
importer have
laws of kano state
leading judgment
order of appointment
original agreement
original copies of the signed deed of assignment
pursuance of the said foregoing agreements
respect of a contract
respect of the infringement of fundamental rights
rules of this court
such assignment
view of the inability of the applicant

OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a motion on notice filed in the High Court of Kano State, the Applicant (now Respondent before us) prayed the court "to appoint a sole Arbitrator to decide the dispute between Kasoap and Kofa Trading Company (Nig.) Limited in respect of a contract dated 15th October 1984 " The motion which was supported by an affidavit sworn to by Alhaji Aminu Ibrahim Kofa, the Managing Director/Chairman of Kofa Trading Company Limited and to which was annexed a number of documentary exhibits, was brought under Section 6(1)(a) of the Arbitration Law, Cap. 7 Laws of Kano State and the Arbitration Act, Cap. 13 Laws of the Federation of Nigeria and Lagos, 1958. The Respondent to the motion (who is now Appellant before us) raised a preliminary objection to the motion on the ground that an action could not be commenced by way of motion but by writ of summons. The objection was overruled by the learned trial Judge, Saka Yusuf J. The motion which was vig…

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