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INDORAMA ELEME PETROCHEMICALS LIMITED V. CUTRA INTERNATIONAL LIMITED

(2020) JELR 111354 (CA)

Court of Appeal  •  CA/A/115/2019  •  20 May 2020  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA STEPHEN JONAH ADAH JCA MOHAMMED BABA IDRIS JCA

Appearances
Chief Solomon Akuma SAN, with: George Ukaegbu Esq., Emmanuel Akuma Esq., Daniel Okerie Esq., and Olowojoba Adefuwa Esq., for the Appellant; Osahon ldemudia Esq., with: Patrick Etuk and K. Usoro Esq., for the Respondent.

Judgement

STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This is an appeal from the judgment of the High Court of the Federal Capital Territory, sitting at Abuja in Suit No: FCT/HC/CV/1088/18, delivered on the 5th day of February, 2019. The appellant in this appeal was the applicant at the lower court while the respondent in this appeal was the defendant.

The case at the lower court was originated through the instrument of an Originating Motion on Notice filed by the appellant on the 1st day of March, 2018 pursuant to Order 43 Rule 5(1) and (4) and Sections 29(1) and 30 of the Arbitration and Conciliation Act, Cap A18 LFN 2004.

The reliefs and the grounds upon which the application was brought are expressed as follows:

(i) An Order of this Honourable Court setting aside the Award dated 20th day of December, 2016 rendered by Enewa Mrs. Rita Chris Garuba FCIArb, in the Arbitral proceeding between Cutra International Limited and lndorama Eleme Petrochemicals Limited and attached herewith…

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