DUNLOP NIGERIA PLC. (NOW DN TYRE & RUBBER PLC.) V. GASLINK NIGERIA LIMITED
(2018) JELR 39613 (CA)
Court of Appeal
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CA/L/266/11
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9 Feb 2018
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Nigeria
Coram
MOHAMMED LAWAL GARBA JCA
JOSEPH SHAGBAOR IKYEGH JCA
YARGATA BYENCHIT NIMPAR JCA
Appearances
OLANREWAJU OSINAIKE, M. LALO AND TOBI ATEWOLOGUN For Appellant
BABAJIMI AYORINDE AND IDOKO OCHAI For Respondent
Judgement
<p><strong>MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): </strong>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).</p><p>Dissatisfied with the judgement, the Appellant brought this appeal by the Notice and Grounds of Appeal dated the 17th of March, 2011…</p>