Mr Emmanuel Lumenze V. Government Of Ebonyi State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of Abakaliki High Court, Holden at Ebonyi, presided over by Honorable Justice E. A. Ngene and delivered on the 23rd day of March, 2017 in Suit No. HAB/112MC/2015.

FACTS OF THE CASE

The Appellant had applied for the recognition and enforcement of the arbitral award made on the 18th of December, 2014.

The suit was originated vide a motion on notice filed on the 10th of November, 2015 wherein he prayed the lower Court the following orders:-

1. Leave of Court to enforce the arbitral award made on the 18th day of December, 2014.
2. Recognition and enforcement of the arbitral award made on the 18th day of December, 2014.
3. That the sum of Ninety Million Five Hundred and Sixty-two thousand, Nine hundred and Seventy-two naira, Fifty kobo (90, 562,972.50k) being the amount contained in the award of the arbitral made on the 18th day of December, 2014.
4. An order directing the Respondent to pay to the applicant through his counsel forthwith the sum of Ninety million Five hundred and Sixty-two thousand

1

Nine hundred and Seventy-two naira, Fifty kobo (90, 562, 972.50k) being the amount contained in the award of the arbitration made on the 18th day of December 2014.

The grounds upon which the application is predicated is

1. That the parties entered into a contract agreement which is subject of arbitration.
2. The arbitrators were duly appointed by the parties and an award was accordingly made but the Respondent had failed, refused and neglected to pay the Applicant the sum contained in the arbitral award Pages 1 2 of the Record of Appeal.

In his decision, the lower Court dismissed the suit of the Appellant (his application for the recognition and enforcement of the arbitral award made on the 18th day of December, 2014).

The lower Court entered judgment in favour of the Respondent, who had applied to set aside the arbitral award voluntarily entered into by the parties.

Pertinent to note is that the suit the subject matter of this appeal was filed on the 10th of November, 2015 by the Appellant. Pages 1 14 of the Record of Appeal.

2

Motion on Notice; an affidavit in support and written address were also filed on same date. The Respondent filed a motion on 26th of January 2017, for an order setting aside the arbitral award made on the 18th of December, 2014 (a period of three years).

The Appellant had been invited to do a job in Abakaliki, Ebonyi State by the State Government. After several interactions with each other, the Appellant Company was invited formally to do an interview with Ebonyi State Cement Project Committee. This was vide letter dated 7th of September, 2009 Page 15 of the Record of Appeal.