Revenue Mobilization, Allocation & Fiscal Commission V. Units Environmental Sciences Ltd (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Federal High Court Abuja division delivered on the 11th of May 2009 granting the application to Recognize the Arbitral award delivered on the 7th of December, 2007 by a Sole Arbitrator and leave to enforce the said Arbitral Award.

The Appellant as plaintiff in the Federal High Court filed a Motion on Notice dated the 26th of February, 2008 seeking an order of the Court setting aside the arbitral award dated the 7th of December, 2007 made by the Sole Arbitrator Hon. Ifeanyi Tim Anogo in favour of the Respondent in the Arbitration between the parties arising from the dispute on the Consultancy agreement in respect of the proposed Staff Housing Development at Mabushi, Abuja. The motion set out 3 grounds in support of the Application.

The Respondent as Defendant in the application filed a counter affidavit followed by a Motion on Notice dated 11th of July, 2008 seeking an order to recognize the Award delivered by the Sole Arbitrator Hon. Ifeanyi Tim Anogo on 7th December 2007 in the matter of the Arbitration for the purpose of enforcement of the award and an Order granting leave to the Respondent to enforce the Arbitral Award published on 7th of December 2007.

The Brief facts as garnered from the affidavit of the plaintiff in the Court below is that sometime in 2002, a Consultancy Service agreement was entered into between the parties in the suit with respect to a proposed Staff Housing Development in Mabushi Abuja for the Appellant. A dispute arose between the parties from the Consultancy Agreement. Pursuant to an Arbitration clause in the Agreement the Federal High Court on 30/05/2006 appointed a Sole Arbitrator Mr. Ifeanyi Anogo. The Sole Arbitrator after hearing both parties published an award on the 7th of December, 2007 in favour of the Respondent.

The Appellant dissatisfied with the award then filed the Motion on Notice to set aside the Award. Whilst the Respondent filed the application for leave to enforce the Award.

The learned trial Judge in the Federal High Court heard the two Motions together and in a considered Judgment delivered on 11/5/09 held as follows (pg 281 of Record of Appeal):

“In totality, the application to set aside the arbitral award dated the 26th of February, 2008 and filed on the same date did not succeed It is hereby struck out”

In respect of the Motion to enforce the Award, the trial Judge held:

“The Applicant has compiled with the provisions of Order 20 rule 15 (1) & 17 of the Federal High Court Civil Procedure Rules 2000 and S.1(1) and (2) of the Arbitration and Conciliation Act Cap A 18 laws Federation of Nigeria (LFN) 2004.

The application of the Applicant dated the 11th day of July, 2008 hereby succeeds. The reliefs are hereby granted as prayed. See Ave Fenus Enterprise vs Saipem Niseria Limited (20091 2 NWLR part 1126 page 483 at 522.”

The Appellant aggrieved by the decision of the Court below filed a Notice of Appeal on the 27th day of May 2009 containing four grounds of Appeal.

In compliance with the rules and practice of this Court, the parties by their respective Counsel filed and exchanged briefs of argument.

At the hearing of the Appeal on 14/10/2010 the learned Counsel for the Appellant adopted the Appellant’s brief of Argument dated 14th July 2009 filed on 15/7/09 and the reply brief filed on 21/4/2010. The learned Counsel for the Respondent adopted the Respondent’s Brief filed 1/3/2010 and deemed as properly filed and served on 15/4/2010.