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FIRST FUELS LIMITED V. NIGERIA NATIONAL PETROLEUM CORPORATION & ANOR.

(2006) JELR 39632 (CA)

Court of Appeal  •  CA/A/144/2005  •  8 Nov 2006  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA OYEBISI FOLAYEMI OMOLEYE JCA CHIDIEBERE NWAOMA UWA JCA

Appearances
Mr. M. Ugwuanyi (with him, Mr. S. Ojumu) For Appellant Dr. O. F. Ayeni (with him, O. Fadare and O. F. Abegunde) For Respondent

Judgement

ADEKEYE, J.C.A. (Delivering the Leading Judgment): The plaintiffs now respondents in this appeal, Nigerian National Petroleum Corporation and Pipelines and Products Marketing Company Ltd, commenced an action by originating summons at the Federal High Court Abuja Division on the 18th of January 2005. In the action the plaintiffs claimed that the Arbitration Tribunal of Alhaji Abdullahi Ibrahim SAN, Chief Bayo Ojo SAN and Mohammed Bello Adoke misconducted themselves, determined issues beyond the scope of submission to arbitration and acted in excess of their jurisdiction in the Arbitral Award between Nigerian National Corporation and one other and First Fuels Limited - now appellant in this appeal, contrary to sections 29(2) and 30(1) Arbitration and Conciliation Act Cap A18 Vol. 1 Laws of the Federation of Nigeria 2004. The defendant First Fuels Limited raised a preliminary Objection filed on 13/4/05 to the hearing on the grounds that the:-

(1) Plaintiffs have not complied with the pro…

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