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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 Extension of time to seek leave, Leave to appeal and Extension of time to appeal.

FACTS:
This 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 N250,000.00 (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 Nigeria at Lagos made on 4th October 2016 in Suit No.:FHC/L/CS/341/2009, awarding the cost of N250,000.00 (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 N250.000.00 (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 N250,000.00 (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"

The grounds upon which the above reliefs are premised are that -
"i. On 4th October 2016, Honourable Justice Olatoregun, C. M. of the Federal High Court of Nigeria sitting at Lagos made an order of cost in the sum of N250,000.00 (Two Hundred and Fifty Thousand Naira) against the Applicant in Suit No: FHC/CS/341/2009.
ii. Dissatisfied with the said order of 4th October 2006, the Applicant applied to the Lower Court on the 11th of October, 2016 for leave to appeal against the order made on 4th October 2016 and a stay of execution of the said order.
???iii. The Applicant also wrote to the Lower Court seeking an early date to hear the application within 14 days as provided by the Court of Appeal Act. However, the Lower Court was unable to hear the application for leave and stay of execution of the said order of 4th October 2016.
iv. As such, the Applicant, now seeks the leave of this Honourable Court to appeal against the said order of 4th October 2016.
v. Arising from the foregoing; the Applicant is out of time to seek leave to appeal and require the leave of this Honourable Court to appeal on grounds of mixed law and fact hence this application.
vi. By virtue of the provisions of Section 241(2)(c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Applicant also needs the leave of this Honourable Court to appeal on cost."

A twenty (20) paragraphs initial affidavit, deposed to by a counsel in the chambers of the Applicant's solicitors, was filed along with the application on the 2nd December, 2016. A further affidavit of seven (7) paragraphs, to which was attached a copy of the Record of proceedings of the 4th October, 2016 before the Federal High Court, Lagos in the suit between the parties, was filed on 10th January, 2017. A five (5) paragraphs counter affidavit was filed on the 20th January, 2017 for the Respondent in opposition to the prayer for stay of execution.

A written address was filed in support of the application, on 26th September, 2017.

ISSUES:
The application was determined on its merit.

DECISION/HELD:
In the final analysis, the Court of Appeal in a unanimous decision granted the application.


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