LUMENZE
V.
GOVT OF EBONYI STATE

(2018) JELR 39033 (CA)    

Court of Appeal  ·  CA/E/387/2017 ·  8 Jun 2018 ·  Nigeria
CORAM
TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
respondent
arbitral award
application
parties
lower court
conciliation act
enforcement of the arbitral award
record of appeal
issues
provisions of sections
brief of argument
learned trial judge
arbitration panel
contract agreement
advanced payment guarantee
cap a18 lfn
ebonyi state
empty cause of action
iguh j. s. c.
prescribed period
set aside
suit no. hab
accountant general of the respondent
adoption of the issues
appellant company
arbitral award pages
award of the arbitration
basic principle of law
careful consideration
exploratory drilling
extension of time
facts of the case
failure of the learned trial judge
favour of the respondent
following orders
formal letter of award of the contract
honorable justice e. a. ngene
judicial relief
legal framework
legal right
right of action
ruling of abakaliki high court
state government
subject of arbitration
suit of the appellant
tom shaibu yakubu
vide letter
view of the arbitration clause

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Abakaliki High Court, Holden at Ebonyi, presided over by Honorable Justice E. A. Ngene and delivered on the 23rd day of March, 2017 in Suit No. HAB/112MC/2015.

FACTS OF THE CASE

The Appellant had applied for the recognition and enforcement of the arbitral award made on the 18th of December, 2014.

The suit was originated vide a motion on notice filed on the 10th of November, 2015 wherein he prayed the lower Court the following orders:-

1. Leave of Court to enforce the arbitral award made on the 18th day of December, 2014.

2. Recognition and enforcement of the arbitral award made on the 18th day of December, 2014.

3. That the sum of Ninety Million Five Hundred and Sixty-two thousand, Nine hundred and Seventy-two naira, Fifty kobo (90, 562,972.50k) being the amount contained in the award of the arbitral made on the 18th day of December, 2014.

4. An order directing the Respondent to pay to the …

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