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THE CHARTERED INSTITUTE OF ARBITRATORS v. THE CHARTERED INSTITUTE OF ARBITRATORS (NIG) LTD/GTE

(2018) LPELR-43641(CA)

In The Court of Appeal of Nigeria

On Friday, the 9th day of February, 2018

CA/L/1334/2015(R)


Before Their Lordships

MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria

JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria

YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria


Between

THE CHARTERED INSTITUTE OF ARBITRATORS - Appellant(s)

AND

THE CHARTERED INSTITUTE OF ARBITRATORS (NIG) LTD/GTE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This is a ruling on an application for leave to appeal.
FACTS:
This is an application, brought Pursuant to Section 242(1) of the Constitution (as altered), Sections 14,17 and 24 of the Court of Appeal Act, Order 7 Rules 2, 6 and 10 of the Court of Appeal Rules, 2011 and the inherent jurisdiction of the Court, prays for the following orders:

"1. AN ORDER enlarging the time within which the Applicant may seek leave to appeal against the order of Honourable Justice Olatoregun C. M. of the Federal High Court of Nigeria sitting at Lagos made on 4th October 2015 in Suit No.: FHC/L/CS/341/2009, awarding the cost of N250,00 (Two Hundred and Fifty Thousand Naira) against the Applicant.
2. AN ORDER granting leave to appeal against the order of Honourable Justice Olatoregun C. M. of the Federal High Court of Nigerian at Lagos made on 4th October 2016 in Suit No.:FHC/L/CS/341/2009, awarding the cost of N250,000 (Two Hundred and Fifty Thousand Naira) against the Applicant.
???3. AN ORDER extending time within which to appeal against the order of Honourable Justice Olatoregun C. M. of the Federal High Court of Nigeria sitting at Lagos made on 4th October 2016 in Suit  No:FHC/L/CS/341/2009 awarding the cost of N250.000 (Two Hundred and Fifty Thousand Naira) against the Applicant. 
4. AN ORDER staying the execution of the order of Honourable Justice Olatoregun C. M. of the Federal High Court of Nigeria sitting at Lagos made on 4th October 2016 in suit No.:FHC/L/CS/341/2009, awarding the cost of N250,000 (Two Hundred and Fifty Thousand Naira) against the Applicant pending the determination of this appeal.
AND for such further order(s) as the Honourable Court may deem fit to make in the circumstance"


ISSUES:
The application was considered on a lone issue viz:

"Whether the Applicant has disclosed material facts to warrant the exercise of the Court's discretion in their favour."


DECISION/HELD:
In the final result, the application was granted it in terms of prayers 1, 2 and 3 of the Motion paper.


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