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DUNLOP NIGERIA PLC. (NOW DN TYRE & RUBBER PLC.) v. GASLINK NIGERIA LIMITED

(2018) LPELR-43642(CA)

In The Court of Appeal of Nigeria

On Friday, the 9th day of February, 2018

CA/L/266/11


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

DUNLOP NIGERIA PLC.
(NOW DN TYRE & RUBBER PLC.) - Appellant(s)

AND

GASLINK NIGERIA LIMITED - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Arbitration.
FACTS:
By an originating motion dated 10th of May, 2010 in Suit No. ID/411M/2010, before the Lagos State High Court, the Respondent prayed for leave to enforce the Arbitral Award dated 15th of March, 2010 as between it and the Appellant in respect of their dispute on a Gas sale and purchase agreement entered by them in 2005. In reaction to the motion, the Appellant filed a Written Address dated 19th of October 2010 and a motion dated 19th of November, 2010 praying that the High Court refuse to recognize and enforce the Arbitral Award. 

The two motions by the Respondent and Appellant were heard together and in a judgment delivered on the 17th of December, 2010, the High Court recognized and ordered the enforcement of the Arbitral Award, except the relief (4) and relief (5) as it relates to relief (4). 
Dissatisfied with the judgement, the Appellan filed this appeal.



ISSUES:
Appellant formulated the following issues:

"1. Whether the learned Trial Judge was right when she failed to refuse the recognition and enforcement of the Arbitral Award, having regard to the fact that the Arbitral Tribunal exceeded its jurisdiction thereby rendering the entire Award a nullity. (Distilled from Ground 2 of the Notice of Appeal).
2. Whether the Learned Trial Judge was right when she denied refusal of recognition and enforcement of the award of the sum of N28, 059,874.84 allegedly billed and between the months of September and December 2008. (Ground 8 of the Notice of Appeal.)"
These issues are adopted in the Respondent's brief filed on 31st of August, 2017 and a further issue in the following terms was raised: -

"Whether or not the Court below had the jurisdiction to entertain the Appellant's Originating motion dated 19th November, 2010."


DECISION/HELD:
For being incompetent, in the first instance, the Appellant motion filed on 19th November, 2010 was struck out and in the second instance, the appeal for being bereft of merit, was dismissed.


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