(2014) JELR 40065 (CA)    

Court of Appeal  ·  CA/L/968/2011 ·  7 Feb 2014 ·  Nigeria
Other Citations
N.N.P.C. v. Roven Shipping Ltd. (2014) 14 NWLR (Pt. 1426) 145
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria
Core Terms Beta
partial award
charter party
record of appeal
arbitral tribunal
face of the award
conciliation act
rider clauses
brief of argument
originating process
arbitral award
error of law
lower court
majority arbitrators
earlier clause
subject matter of this appeal
established principles of construction
federal high court
set aside
such agreement
unknown person
1st day of august
above mentioned arbitration
araka v. ejeagwu
case of baumvoll manufactur
charter party contract
charter party of mt venturer
construction of provisions of rider clauses
contention of the appellant
cursory look
decision of the tribunal
determination of the charter party
effective date
final hire invoice
issue of construction
issue of interpretation of clauses
later clause
legal proposition
manner of constrtiction of the relevant provisions
order of court
printed form
reasoned award
terms of the charter party
tribunal finds

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…

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