RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): The action, subject matter of this appeal was commenced by motion on notice dated 27th July, 2004 and filed on same date.
The motion on notice sought an order of Court (the Federal High Court, Lagos) that the "Partial Award" made between the parties to the above mentioned arbitration, and in respect of which reasons for the award were given on 23rd June, 2004 be set aside on the grounds stated hereunder..."
The Applicant (Appellant in this Appeal) relied on four grounds in support of his motion on notice - pages 3-4 of the Record of Appeal.
Ex-facie, that very originating process was signed by an unknown person for Seyi Sowemimo SAN, which should have rendered the process incompetent, but I shall come back to this issue.
The Applicant had filed written submission in support of his application. The Respondents did same and on the 14th of March, 2005, the application was taken.
On the 6th of February, 2006, the learned tria…