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MAGNUM INTERNATIONAL LIMITED v. ENERCON NIGERIA LIMITED

(2020) JELR 87200 (CA)

Court of Appeal  •  CA/L/714/2018  •  6 Feb 2020  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA JOSEPH SHAGBAOR IKYEGH JCA TIJJANI ABUBAKAR JCA

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): On the 15th March, 2018, the Federal High Court (Lower Court), sitting at Lagos, granted the application by way of originating motion of the Respondent for the appointment of an arbitrator for the Appellant which was opposed. Expectedly, the Respondent was dissatisfied with the decision by the Lower Court and so brought this appeal against same on four (4) grounds contained on the Notice of Appeal filed on the 14th May, 2018 from which the four (4) issues are set out for determination in the Appellant's brief filed on the 16th July, 2018.

The issues are as follows:-

"4.1 Whether or not the Learned Trial Court was right to have assumed jurisdiction on the Respondents Originating Motion in respect of a dead or expired Memorandum of Understanding (MOU Exhibit MIL1) and Addendum (Exhibit MIL2) and appointed an arbitrator for the Appellant on the basis of same (from Ground 1 of the Notice of Appeal).

4.2 Whether or not an arbitr…

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