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WALTERSMITH PETROMAN OIL LTD
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NIGER DELTA PETROLEUM RESOURCES LTD

(2014) JELR 53113 (CA)

Court of Appeal 9 Dec 2014 Nigeria
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- This is an appeal against a ruling of the Federal High Court in Lagos. - The appellant filed a notice and three grounds of appeal. - The appellant argued that the court below did not have jurisdiction to extend the statutory limitation pe

Case Details

Suit Number:CA/L/411/2014
Judges:U. I. NDUKWE-ANYANWU JCA SAMUEL CHUKWUDUMEBI OSEJI JCA ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA
Counsel:B. Ogungbamila (with him, E. Emenole and F.O. Arifayan) for the Appellant. A.A. Adegbonmire (with him, C.A. Araga and J. Abe) for the Respondent.

NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Federal High Court sitting in Lagos, delivered on 31 March 2014. Being dissatisfied, the appellant filed a notice and three grounds of appeal. The appellant filed its appellant’s brief on 17 June 2014, and articulated two issues for determination. They are as follows:

1. Whether the court below has jurisdiction or judicial powers to extend the statutory limitation period of 3 months prescribed by section 29(1) (a) of the Arbitration and Conciliation Act (ACA) (Distilled from ground 1)

2. Assuming without conceding that the court below can extend the limitation period of 3 months prescribed by section 29(1) of the Arbitration and Conciliation Act, whether the learned trial judge correctly exercised the discretion to extend time (Distilled from grounds 2 and 3).

The appellant also filed on 8 August 2014, an appellant’s reply brief.

In response, the respondent filed its brief on 23 July 2014 and…

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