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CHEVRON NIGERIA LIMITED v. OWAH UNIK CONSULTANTS

(2017) JELR 33307 (CA)

Court of Appeal  •  CA/L/600/2009(R)  •  7 Dec 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Lead Ruling): The motion prays to substitute Owah Unik Consultants, the respondent, with a Mr. Osasu Omoregbee Edigin, said to be the eldest son and legal representative of the respondent sole proprietor, Architect (Arch.) Omeregbee-Edigin Osarenren who died intestate after the appeal was filed.

The affidavit evidence disclosed that the appellant was ordered by the Federal High Court (the Court below) on 21-04-09 to pay N112,701,553.26 to the original respondent arising from an arbitral award made on 13-06-08. 13% interest per annum was fixed on the award. The appellant appealed to the Court against the award. Her application for a stay of execution of the judgment was refused by the Court below. The appellant paid the N112,701,553.26 award to the original respondent pending the outcome of the appeal.

Meantime, the original respondent died on 13-01-15 during the pendency of the appeal. He died intestate. No letters of administration were is…

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