TOTAL ENGINEERING SERVICES TEAM INC V. CHEVRON NIGERIA LIMITED

PETER-ODILI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, Coram: C. B. Ogunbiyi, R. C. Agbo and A. Jauro

JJCA. In the judgment, the Court of Appeal or court below or lower court affirmed the decision of Adefope - Okojie J. (as she then was) of the Lagos State High Court, remitting a part of the arbitral award to the sole arbitrator, H. Odein Ajumogobia SAN for reconsideration and decision. The respondent herein was the claimant in the arbitration proceedings and the appellant was the respondent in the arbitration proceedings.

The award of the sole arbitrator was delivered on 23 April 2004, a portion of which award was in favour of the respondent but the arbitrator dismissed a significant part of the respondent’s claim.

On 21 July 2004, the respondent filed originating summons with supporting affidavit at the High Court of Lagos State seeking an order setting aside part of the arbitral award or an order r emitting tha …