(1998) JELR 45638 (CA)    

Court of Appeal  ·  CA/L/291/95 ·  13 Jul 1998 ·  Nigeria
Other Citations
United World Ltd. Inc. v. M.T.S. Ltd. (1998) 10 NWLR (Pt.568)
F.B.N. Plc v. Abba (1998) 10 NWLR (Pt. 569) 227
EMMANUEL OLAYINKA AYOOLA Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria
Core Terms Beta
lead judgment
arbitration agreement
subject matter
sufficient reason
united world ltd inc.
high court of lagos state
laws of the federation
learned trial judge
precautionary measures
stay of proceedings
subject of an arbitration agreement
action of the appellant
brother pats-acholonu jca
consideration of the totality of the case
date information
days of signing of the contract
dispute of difference
exercise of the power
facts of the case
fanz construction co. ltd
general rule of grant of stay
general validity of the above observations
grounds of appeal
issues of law
leading judgment
learned editor
lengthy timing delay
letter of the respondent
newspaper publication
onalaja j.c.a.
own view point
page advertisement
provision of section
respondent of the publication
see walter v
such delay
terms of the agreement
thrust of the case
trial court
trial judge
united world ltd inc. reserves

PATS-ACHOLONU (Delivering the Leading Judgment): The appellant a U.S based registered company engaged in newspaper publication and advertisement entered into a contract with the respondent a mobile telecommunication services company for the appellant to place 1/8 page advertisement as advertiser in a newspaper known as USA Today for the sum of 38,250 (Thirty eight thousand two hundred and fifty dollars) to be paid by the respondent within 30 days of signing of the contract. The money became due for payment on 1/7/93.

There was a clause in the contract for reference to arbitration. The respondent of the publication failed to pay even though there was lacked a clause that failure to pay within that time would attract 1.4% flat monthly interest rate. The appellant was forced to take out summons on 22/2/95 claiming the amount under the contract. The respondent on 7/3/95 entered a conditional appearance and the appellant filed summons for judgment under Order 10 of the High Court of Lagos …

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