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CLEMENT C. EBOKAM v. EKWENIBE & SONS TRADING COMPANY LTD

(1999) JELR 49377 (SC)

Supreme Court  •  SC.97/1993  •  9 Jul 1999  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

U. A. KALGO, J.S.C. (Delivering the Leading Judgment): This appeal is against the ruling of the Court of Appeal (Lagos Division) delivered on the 23rd day of March, 1993 striking out the appeal of the appellant. The Court of Appeal held that the ruling of the learned trial judge delivered on 26th of July 1990 appealed against, was an interlocutory and not a final decision and no leave of the trial court or the Court of Appeal was obtained before filing the appeal which was filed about two and a half months after the delivery of the said ruling.

In the trial court, the Lagos State High Court, holden in Lagos, the respondent filed an application to set aside an arbitration award made by an arbitrator appointed by the said court in accordance with an agreement signed by the parties to this appeal. While the respondent's application was still pending, the appellant filed his own application to enforce the arbitration award. These two applications were then consolidated and heard together …

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