WALTERSMITH PETROMAN OIL LIMITED V. NIGER DELTA PETROLEUM RESOURCES LIMITED

NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): This is an appeal against the ruling of the Federal High Court sitting in Lagos, delivered on 31 March 2014. Being dissatisfied, the appellant filed a notice and three grounds of appeal. The appellant filed its appellant’s brief on 17 June 2014, and articulated two issues for determination. They are as follows:

1. Whether the court below has jurisdiction or judicial powers to extend the statutory limitation period of 3 months prescribed by section 29(1) (a) of the Arbitration and Conciliation Act (ACA) (Distilled from ground 1)

2. Assuming without conceding that the court below can extend the limitation period of 3 months prescribed by section 29(1) of the Arbitration and Conciliation Act, whether the learned trial judge correctly exercised the discretion to extend time (Distilled from grounds 2 and 3).

The appellant also filed on 8 August 2014, an appellant’s reply brief.

In response, the respondent filed its brief on 23 July 2014 and…