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HUNDAI HEAVY INDUSTRIES COMPANY LTD V. DECY NIGERIA LIMITED

(2009) JELR 55615 (CA)

Court of Appeal  •  CA/PH/533M/2007  •  7 Dec 2009  •  Nigeria

Coram
SULEIMAN GALADIMA JCA (Presided) TIJJANI ABDULLAHI JCA EJEMBI EKO JCA (Read the Lead Ruling)

Judgement

EKO JCA (Delivering the Lead Ruling): On 22 July 2007, the Rivers

State High Court ( Coram. Ben E. Ugbari, J) delivered a ruling in respect of the applicant’s motion dated 19 February 2007 for stay of proceedings in the suit No. PHC/38/2005 at the High Court of Rivers State in which the respondent was the claimant pending the determination of another motion no FHC/PH/CS/4607/06 at the Federal High Court filed by the applicant to set aside the arbitral award in suit No. PHC/38/2005 before the High Court of Rivers State. Justice Ben E. Ugbari in his considered ruling on 2 July 2007 granted a conditional stay of proceedings in the suit No. PHC/38/2005 pending the determination of the applicant’s motion No FHC/PH/CS/4607/ 06 at the Federal High Court for an order setting aside the arbitral award published on 25 August 2005. It is in respect of the ruling granting conditional stay of proceedings, as against unconditional stay of proceedings wanted by the applicant, that this application…

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