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MARITIME ACADEMY OF NIGERIA V. ASSOCIATED QUANTITY SURVEYORS

(2007) JELR 51917 (CA)

Court of Appeal  •  CA/C/84/2005  •  18 Apr 2007  •  Nigeria

Coram
VICTOR AIMEPOMO O. OMAGE JCA (Presided) NWALI SYLVESTER NGWUTA JCA MOJEED ADEKUNLE OWOADE JCA (Read the Lead Judgment)

Appearances
Prof. Enefiok Essien (with him, Mary Udofia) - for the Appellant. -*- Fidelis Ibiang Esq. - for the Respondent.

Judgement

OWOADE JCA (Delivering the Lead Judgment): This is an appeal against the judgment of G. K. Olotu J dated 31st May, 2004, in which he gave recognition and enforcement of arbitration award as requested by the plaintiff/respondent in suit No. FHC/CA/CS/26/2001. It is against this judgment and orders of the Federal High Court, Uyo Judicial Division that the appellant (defendant) filed her notice and grounds of appeal on 28/6 2004. The appellant through her counsel then filed the appellant’s brief on 19/8/2005 to which the respondent filed a reply brief on 3/5/2006. The appellant also filed a reply brief on 31/5/2006 and additional list of authorities on 8/11/2006.

In her brief of argument, the appellant formulated four (4) issues from the three (3) grounds of appeal filed. They are:

Whether the learned Judge was right in recognizing and ordering the enforcement of the award, which was based on one sided evidence, and had the effect of scuttling the already advanced court suit on the same …

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