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MOBIL PRODUCING NIGERIA UNLIMITED v. SUFFOLK PETROLEUM SERVICES LIMITED

(2016) JELR 37173 (CA)

Court of Appeal  •  CA/PH/667/2013  •  26 Feb 2016  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA EJEMBI EKO JCA BITRUS G. SANGA JCA

Judgement

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): On 14th August, 2013 the respondent, as the plaintiff, commenced the suit no FHC/PH/C/S/203/2013, that is now the subject of this appeal. In the suit the respondent sought a number of declarations and injunctive orders to restrain the appellant "from howsoever proceeding or further proceeding with the proposed arbitration billed to take place in London, United Kingdom, under contract No A2246515 for the MIPS Project". The said arbitration proceeding was commenced on 26th October, 2011 by the appellant pursuant to Article 30 of the said contract No A2246515 between the appellant and the respondent. The contract was for installation of major pipeline projects EPCM -1 Offshore Pipeline and Platform Tie-Ins. The parties to the contract are in dispute over some terms or aspects of the contract, particularly as regards the issue of the alleged breach of the Recovery Plan Heads of Agreement. The respondent alleged that the appellant refus…

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