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ALHAJI ALBISHIR & SONS LIMITED v. BAYERO UNIVERSITY KANO

(1996) JELR 33655 (CA)

Court of Appeal  •  CA/K/41/94  •  17 Jun 1996  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; MAHMUD MOHAMMED JCA; IBRAHIM TANKO MUHAMMAD JCA;

Judgement

MOHAMMED, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of a Kano State High Court of 16th March 1993 in favour of the respondent herein where on the hearing of an application filed by the respondent for a number of reliefs, the following reliefs were granted to the respondent:-

"1. Extension of lime to apply to set aside the arbitration award made in favour of the appellant.

2. Leave to apply to set aside the arbitration award.

3. Stay of execution of the arbitration award until the originating summons to set it aside has been heard."

The appellant, which was not satisfied with that ruling had sought for and was granted leave by the lower court on 30/3/93 to appeal against it. The appellant's notice of appeal contains 8 grounds of appeal from which 3 issues were identified by the appellant for the determination of the appeal. The 3 issues which were also adopted by the respondent in its brief of argument are as follows:-

"1. Whether the learned triā€¦

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