Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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(2018) JELR 46211 (CA)    

Court of Appeal  ·  CA/L/677M/2013 ·  15 Feb 2018 ·  Nigeria
CORAM
JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
lower court
award
jurisdiction
law
arbitral award
parties
facts
appellants
grounds of appeal
error of law
face of the award
amended notice of appeal
issues
service contract agreement
decision of the lower court
preliminary objection
arbitral proceedings
favour of the respondent
lagos high court
appellate court
due process of law
high court of lagos state
judgment of the lower court
lagos multi-door court house
learned judge
realities of the case
respondents brief
spite of misconception of facts
ugochukwu anthony ogakwu
appellants application
appellants brief
conclusion of the lower court
enforcement of the arbitral award
face of the award means
following grounds
grounds
jurisdiction of the arbitral proceedings
leading judgment
learned trial judge
leave of this court
original notice of appeal
part of the arbitrator
ratio of the decision of the lower court
renewal of the contract
respondents application
said amended notice of appeal
said decision of the lower court
service contract
set aside
sole arbitrator

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): Consequent upon arbitral proceedings in which the award was made in favour of the Respondent herein, the Appellants filed an application seeking, inter alia, for the award to be set aside on the grounds that it was bad on the face of it and that there had been misconduct on the part of the Arbitrator. The Respondent filed a counter affidavit in opposition and further filed an application to enforce the arbitral award. Both applications were heard together by the High Court of Lagos State, Coram Judice: A.J. Coker, J., and in its judgment delivered on 21st June, 2012, the Lower Court dismissed the Appellants application and granted the Respondents application for the enforcement of the arbitral award.

The Appellants dissatisfied with the said decision of the Lower Court filed their original Notice of Appeal on 9th August 2012. The judgment of the Lower Court is at pages 190-200 of the Records. Subsequently, with the lea…

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