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BARBEDOS VENTURES LIMITED V. FIRST BANK OF NIGERIA PLC

(2016) JELR 40153 (SC)

Supreme Court  •  SC.337/2013(R)  •  22 Jan 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JSC; OLABODE RHODES-VIVOUR JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC;

Appearances
Chief O. E. B. Effiong (SAN) with him, Dr. George Ogunyome For Appellant Masud Alabelewa with him, T. O. Ishola, H. Suleiman and A. B. Abdulwahab For Respondent

Judgement

IBRAHIM T. MUHAMMAD, J.S.C. (Delivering the Lead Ruling): Facts contained in the affidavit evidence of the parties to this interlocutory appeal reveal that the applicant is a liability company carrying on business as importers, exporters and general merchants with particular interest in the sale of fertilizer. The respondent is banker to the judgment debtor. In June 2008, the applicant was awarded a contract to supply Zamfara State Government, 12,500.00 metric tons of urea fertilizer at the cost of N1,462,000.00 (One Billion, Four Hundred and Sixty Two Million Naira) The applicant duly supplied the fertilizer but did not receive payment as agreed. Applicant went into arbitration with Zamfara State Government and they largely conceded to applicant's claims. As a result, the Presiding Arbitrator made several awards to the applicant including interests and arbitration costs.

The applicant approached the High Court of Zamfara State for enforcement of the arbitral awards and applied for ga…

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