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CaseLaw

Metroline Nig Ltd V. Dikko (2020) CLR 6(c) (SC)

Judgement delivered on June 19th, 2020

Brief

  • Commencement of action
  • Leave to appeal
  • Arbitral awards - Appeal from
  • Condition precedent to an appeal
  • Grounds of appeal - Classification of
  • Issues for determination
  • Preliminary objection to an appeal
  • Arbitration proceedings
  • Jurisdiction of court
  • Arbitration agreements
  • Section 233(1) of the 1999 Constitution (as amended).
  • Section 233(2) of the 1999 Constitution (as amended)
  • Section 233(3) of the 1999 Constitution (as amended).
  • Section 29 of the Arbitration and Conciliation Act
  • Section 30 of the Arbitration and Conciliation Act
  • Order 2 rule 32, Supreme Court Rules, 1985 (as amended)

Facts

The appellants in this appeal: Metroline Nigeria Limited, Sheba International Limited, Axis Consulting, Design Matrix Associates and Inter Arc Concept Limited, had a Joint Venture Agreement referred to as JVA 2004 and clauses in paragraph 8 that any dispute or question in connection, with the Joint Venture or this deed shall be referred to a single arbitrator to be appointed by the Chief Judge of FCT in accordance with the Arbitration Act/Law for the time being in force.

Disputes arose which caused the respondent to apply for an arbitration proceeding to the Chief Judge of the FCT for the appointment of a sole Arbitrator. One Ifeanyi Tim Anagowas appointed, who because of some issues bordering on bias recused himself. Consequently, Chikwendu Madumere, LLM, FCIArb (UK), C. Arb, was appointed, who arbitrated and gave the final award dated 3/4/2017. Nevertheless, the appellants protested this award and applied to the trial court to have it set aside while the respondent simultaneously applied to the trial court to recognize and enforce same as its judgment.

The consolidated judgment was delivered by the trial court on8/ 1/2018, wherein the court refused to set aside the final arbitral award of 3/4/2017 by Chikwendu Madumere and recognized the award as its judgment.

Dissatisfied with the said judgment of the trial court, the appellants appealed to the lower court which also in its judgment of 11/12/2018, unanimously dismissed the appeal. This ignited the appeal to this honourable court.

Issues

  • Whether the instant appeal is incompetent...
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