TULIP NIGERIA LIMITED V. NOLEGGIOE TRANSPORT MARITIME S.A.S

MSHELIA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Olomojobi J. of the Federal High Court Lagos Division delivered on 23 November 2006.

The brief facts of the case are as follows:

The respondent by originating summons dated 20 November 2003, sought leave of the court to recognize and enforce the arbitral award of the sum of US$103,982.39 (one hundred and three thousand, nine hundred and eighty two united states dollars, thirty-nine cents) made by Bruce David I. Mackenzie in the United Kingdom on 3 June 1998. The defendant/appellant reacted to the said originating summons by filing a notice of preliminary objection dated 20 February 2004. The defendant/appellant’s objection is that the plaintiff/respondent’s action to recognize and enforce the award is statute-barred as same was not brought within the limitation period. The defendant/appellant also filed a sixparagraphed counter-affidavit in opposition to the originating summons. On 24 June 2004, the …