Compulaw - 1st Indigenous Digital Law Library

Brief

Brief writing
Arbitration agreement
Arbitration proceedings
Arbitration award
Arbitration clause

Facts

The respondent as plaintiff in 1980 instituted this action against the defendant now appellant at the Ibadan High Court claiming as follows:

a
A declaration that the Defendant/Company should pay to the plaintiff the sum of N82,019.41 (Eighty two thousand and nineteen Naira and forty one kobo) which said sum of N82,019.41 is the award made on the 19th of March, 1980 in connection with an Arbitration in which Chief H. Ayo Ogunfeibo, Legal Practitioner appointed by both the plaintiff and the defendant in respect of difference/dispute arising from a Comprehensive Insurance Policy No. MV078/1B covering the plaintiff’s Trailer No. OD 149A for the period 27/4/76 to 26/4/77 which said vehicle was involved in a road accident at A.T. & P. Round-About, Sapele, Bendel State of Nigeria on the 19th of December, 1976. In the alternative, that the said award of N82,019.41k and all the interlocutory costs awarded during the arbitration proceedings be ordered to be the judgment and /or order of this Honourable Court.
b
The plaintiff also claims 15% interest from the date of the said award (i.e. 19/3/80) till the date of judgment in this case.

The trial Judge granted the first of the declarations sought by the respondent but refused the claim for interest.

Earlier and before the institution of the present action the respondent had commenced proceedings to enforce the arbitration award before another High Court Judge in suit No. M/17/80. Upon objection being raised, the learned Judge refused to enforce the award and struck out the action without going into the merits of the case.

When the present action was commenced the respondent applied to set aside the writ of summons on the grounds that

i
the defendants sued in the writ of summons is a misnomer, having been sued as Commerce Assurance Company Limited instead of Commerce Assurance Limited; and
ii
in view of the previous proceeding in suit No. M/17/80 before Falade, J, the learned trial Judge in the instant case had no jurisdiction to entertain the suit.

The respondent (then plaintiff) in a bid to remedy the suit, by another motion applied to change the name of the defendant from Commerce Assurance Company Limited to Commerce Assurance Limited contending that it was a case of a misnomer and a mistake of counsel. The trial Judge ruled in favour of the respondent.

Being dissatisfied with the decision reached by the trial court the appellant appealed to Court of Appeal, which dismissed its appeal.

The appellant further appealed to the Supreme Court.

Commerce Assurance Ltd V. Alli (1992) CLR 4(a) (SC)

Judgement delivered on April 10th 1992

Brief

Facts

Issues