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WALTERSMITH PETROMAN OIL LIMITED V. NIGER DELTA PETROLEUM RESOURCES LIMITED

(2014) JELR 53113 (CA)

Court of Appeal  •  CA/L/411/2014  •  9 Dec 2014  •  Nigeria

Coram
SAMUEL CHUKWUDUMEBI OSEJI JCA ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA

Judgement

NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): This A is an appeal against the ruling of the Federal High Court sitting in Lagos, delivered on 31March 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:

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 ) 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 a…

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