CaseLaw
Owners of the MV Lacon V. O.S. (Nig.) Ltd (2000) CLR 11(f) (CA)
Brief
Facts
The respondent sued appellants for special and general damages suffered by them due to the appellants failure to deliver a vessel MV Lacon to them in Lagos.
When respondents served their writ but before filing their statement of claim, appellants brought an application for dismissal of the suit based on the ground that the Federal High Court lacked jurisdiction. Added to this they contended that the subject matter in the suit had been submitted to arbitration in New York, USA where an award was made in favour of the appellants.
The respondent did not deny the existence of the arbitral award but deposed that the arbitral award had nothing to do with the respondent’s claims before the federal high court. The trial court stated that the appellant did not establish that the parties and issues in the suit were same as with the case that was referred to arbitration and which subsequently went before the USA District court.
The appellants were dissatisfied with the decision of the trial court and appealed to the Court of Appeal.
Issues
Whether the trial court was justified in holding that the appellants plea of res...