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(2018) JELR 46280 (CA)    

Court of Appeal  ·  CA/L/451/2015 ·  1 Mar 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
Core Terms Beta
high court of lagos state
lower court
leading judgment
documentary evidence
evidence of the dw3
case of the appellant
rules of court
sole arbitrator
judgment of the lower court
learned counsel
opinion evidence of dw3
rejection of the testimony of dw3
cases of berende
trial court
late hon. justice
superior hearsay
preliminary meetings
sum of n3,400,000.00
part payment of the arbitrator
plenary trial
correct decision
case of gkf inv
part of the arbitrator
opinion of other experts
expert evidence
issue number
testimony of the dw3
judgment interest
personal representative of the estate of the late arbitrator
fair hearing
case of pdp
evidence act
notice of appeal
order
deposit of arbitrator
respondent
administrative expenses
civil procedure
resolution of issue number
evidence of dw3
expert witness
contention of the defence
respect of the arbitration proceedings
said judgment
telephone calls
appellant

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment):There was a contract between the Respondent and the Federal Government of Nigeria. Consequent upon an alleged breach of the said contract, the late Hon. Justice (Dr.) Olakunle Orojo (Rtd.) was appointed as the Sole Arbitrator in respect of the dispute. He accepted the appointment, convened two preliminary meetings held on 30th June 2005 and 12th October 2005 at which he gave order for directions and the fees to be paid to the Arbitrator were agreed upon. Thereafter there was an intermission for about four years as the Respondent was not able to raise its part of the Arbitrator's fees and the Federal Government of Nigeria did not participate or take part in the proceedings. In 2009 the Respondent made part payment of the Arbitrator's fees and administrative expenses for the arbitration. Shortly after this payment was made and before any further proceedings could be taken, the Sole Arbitrator died. The Respondent later f…

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