Ratio DecidendiRatio Decidendi



OGBUNEKE SONS AND COMPANY LTD.
V.
ED & F MAN NIGERIA LTD. & ORS.

(2010) JELR 49391 (CA)    

Court of Appeal  ·  CA/PH/408/2005 ·  5 Jul 2010 ·  Nigeria
CORAM
ABUBAKAR JEGA ABDUL-KADIR Justice of The Court of Appeal of Nigeria HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
applicant
appeal
arbitration
section
conciliation act
2nd respondents
3rd respondent
2nd respondent
arbitration award
lower court
federal high court
reciprocal enforcement
sole issue
arbitration agreement
arbitration award no. aa03931
international arbitration awards
learned trial judge
present case
ab initio
abubakar jega abdul-kadir
arbitral awards
arbitration award no. aa03930
arbitration awards
civil procedure
constitution of the federal republic of nigeria
contractual agreement
date of the award
exhibit l
foreign arbitral award
ground of the appellant
issues
j olakunle orojo
judgment of j. t. tsoho
leading judgment
legal action
mojeed adekunle owoade
nigerian law
notice of appeal
originating motion
outstanding balance
presentation of facts
public policy
said awards
salient facts of the case
subjects of the said arbitrations
such evidence
view of the provisions of sections

MOJEED ADEKUNLE OWOADE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of J. T. Tsoho, J, delivered on 11th March, 2005 at the Federal High court, Umuahia Judicial Division holden at Umuahia. The appellant as applicant before the Federal High Court filed an originating Motion on Notice on 27/7/2001 pursuant to Section 48 of the Arbitration and Conciliation Act, Cap. 19 LFN 1990, Orders 20 Rule 15 and 23 Rule 5 of the Federal High Court (Civil Procedure) Rules, 2000 as well as Section 36 of the Constitution of the Federal Republic of Nigeria, 1999. The Appellant's/Applicant's Motion on Notice before the lower court sought an order of court setting aside four International Arbitration Awards obtained in London on 15th June, 2001 by the 2nd respondent against the applicant, namely: Arbitration Award No. AA03930, Arbitration Award No. AA03931, Arbitration Award No, AA03932 and Arbitration Award No AA03933, all between the applicant and the 2nd respondent wit…

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