Enl Consortium Limited V. Shambilat Shelter Nigeria Limited (2018)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal from the decision of the Court of Appeal or Court below on 3rd December, 2014 from Coram: Abubakar Jega Abdulkadir, Tinuade Akomalafe – Wilson and Joseph E. Ekanem JJCA of the Abuja Division in which the Court below dismissed the appeal from the Ruling of the High Court of the Federal Capital Territory on 7th August, 2014 per Valentine B. Ashi J in which the High Court recognised the Arbitral Award made by the sole arbitrator, Chief J. K. Gadzama SAN wherein the appellant was made liable to pay the sum of Two Hundred and Forty-Nine Million, Six Hundred and Twenty Thousand, Two Hundred and Ninety Eight Naira, Sixteen Kobo (N249,620,298.16) only to the respondent.

FACTS RELEVANT TO THE APPEAL:

It is not disputed that both parties were all represented at all material times before the sole arbitrator Chief J. K. Gadzama SAN during the arbitral proceedings and before the trial Court save when the said trial Court on the 7th day of August, 2014 recognized the arbitral award and in the same proceedings granted leave to the respondent, to enforce the award

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by virtue of the nature of the ex-parte application in Motion No. M/6696/2014.

That instead of timeously approaching the trial Court under the relevant Sections 29, 31 and 32 of the Arbitration and Conciliation Act Cap A18 LFN, the appellant anxiously elected to appeal to the Lower Court on the 4th September 2014.

The appellant filed many applications which include applications on originating summons between the same parties and the same subject matter suit No. FCT/HC/CV/2291/14 dated and filed on 2nd of September, 2014.

There was also a Motion for stay of execution in the Court between the parties on the same subject matter in No. FCT/HC/2096/2014, Motion N. M/6641/2014.

That in the Lower Court there was also a Motion No. M/6696/2014 in Appeal No. CA/A/520/2014.

That despite the decision of the Lower Court on 3rd December 2014, some of the above, particularly 2.05 and 2.06 are still pending in the trial Federal Capital Territory High Court and are not abated in spite of this Appeal.

The appellant’s counsel was informed on the 1st of December, 2014 of his appeal slated to come on the 3rd of December, 2014.

Further, that the

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