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OPTIMUM CONSTRUCTION AND PROPERTY DEVELOPMENT COMPANY LTD & ORS v. PROVAST LIMITED

(2018) LPELR-43689(CA)

In The Court of Appeal of Nigeria

On Thursday, the 15th day of February, 2018

CA/L/677M/2013


Before Their Lordships

JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria

YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria


Between

1. OPTIMUM CONSTRUCTION AND PROPERTY DEVELOPMENT COMPANY LTD
2. HEYDEN PETROLEUM LTD
3. CHIEF DAPO ABIODUN - Appellant(s)

AND

PROVAST LIMITED - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Arbitral Award.

FACTS:
The appeal is against the decision of the High Court of Lagos State delivered by HON. Justice A.J. Coker.

The facts of the case is that consequent upon arbitral proceedings in which the award was made in favour of the Respondent herein, the Appellants filed an application seeking, inter alia, for the award to be set aside on the grounds that it was bad on the face of it and that there had been misconduct on the part of the Arbitrator. The Respondent filed a counter affidavit in opposition and further filed an application to enforce the arbitral award. Both applications were heard together by the trial Judge and in his judgment delivered on 21st June, 2012, the Learned trial Judge dismissed the Appellants' application and granted the Respondent's application for the enforcement of the arbitral award.

The Appellants dissatisfied with the said decision brought this appeal.

ISSUES:
The Court of Appeal determined the appeal on a sole issue as follows:
Whether the Lower Court (Lagos Multi-Door Court House/Lagos High Court) has jurisdiction to hear and determine the matter?

DECISION/HELD:
In the final analysis, the Court of Appeal held that the appeal lacked merit and it was accordingly dismissed.


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