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CALAIS SHIPHOLDING COMPANY V. BRONWEN ENGERY TRADING LIMITED

(2014) JELR 36592 (CA)

Court of Appeal  •  CA/L/53/2011  •  6 May 2014  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; RITA NOSHAKARE PEMU JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of the Federal High Court Lagos division delivered on the 18-6-2010 by Hon. Justice M. B. Idris wherein the plaintiffs petition to register a foreign judgment was dismissed.

The Appellant in this appeal was the petitioner in the lower court, while the Respondent herein was the Respondent also in the lower court.

The parties were involved in a dispute relating to shipping transactions and subsequently submitted themselves to Arbitration proceedings in England which culminated in a final award made by the arbitrators in favour of the appellant herein. By an application exparte, the appellant applied to a commercial court, Queens Bench Division of the High Court of Justice, England for the Arbitration award to be made the judgment of the said court and which, application was duly granted on the 18th day of September 2008.

Thereafter, the appellant by an originating petition dated 1…

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