T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): This is an appeal from the judgment of Wheeler, J., delivered in the Kano High Court on January 14, 1974, in which he dismissed plaintiff's claim for the enforcement of the award which he had been granted by a Moscow arbitral tribunal on February 28, 1966 in accordance with a charter-party entered into between the plaintiff and the defendant in Nigeria. The defendant defaulted under the charterparty by failing to load the cargo of groundnuts when the ship was presented at the Apapa port by the plaintiff within time. The charterparty contained an agreement to refer any dispute to arbitration under Russian law, and this was done in due course on February 28, 1966. The award was in favour of the plaintiff, who then brought an action on the Moscow award.
In order to sue on an award, it must be shown that there is a law binding a Nigerian Court to entertain the claim. Learned counsel refers to the Convention on Recognition and Enforcem…