PATED NIGERIA LIMITED V. SALINE CONSTRUTTORI SPA

HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): This appeal emanated from the judgment of the High Court of the Federal Capital Territory Abuja in suit with No: FCT/HC/CV/M/99/2006 between Pated Nigeria Limited and Salini Construttori SPA, delivered on the 21/3/2007, Coram Justice Salisu Garba, wherein the lower court after taking arguments, concluded by holding that:-

"With what I stated above at the back of my mind the exhibits C and D attached to the counter affidavit and Exhibit B81 attached to the further counter affidavit of the Respondent, it seem to be that the court in Italy, the country where the award was granted have declare same as enforceable document, as such this court by virtue of the power of Section 52(2) (viii) cannot grant the prayers of the Award Creditor/ Applicant and they are hereby refused".

Evidently, the lower court identified the suit before him, haying stated that the award creditor/applicant in this suit initially brought an application by way …