HON. JUSTICE REGINA OBIAGELI NWODO (J.C.A.) (Delivering the leading Ruling): Appeal in respect of this matter was heard on the 21/1/2010 and judgment reserved. In the course of writing the judgment this court observed that looking at the Record of Appeal that the testimonies of witnesses in the Arbitration and the proceedings at the Arbitration of the dispute between the Appellant and the Respondent were not part of the Record of Appeal. The documentary exhibits were also not transmitted. The appeal arose from the Ruling of the High Court of Lagos State in which the court dismissed the Appellant's Originating Summons seeking to set aside the Arbitral Award made in favour of the Respondent. The same Ruling of the court granted the Respondent's application for an order of court enforcing the Arbitral Award. The proceedings during arbitration was not part of the Record of Appeal.
On the directive of the court hearing notices were served on learned counsels for the parties to address the …