Sammya (Nig.) Ltd. v. Sinostar Int’l (Nig.) Ltd. (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the leading judgment)

The respondent, as claimant before the lower court instituted an action on the undefended list to recover the amount outstanding on various goods it sold to the appellant.

Upon being served the court processes, the appellant invoked the provision in the agreement between the parties for the resolution of any dispute arising from the agreement by arbitration.

The matter was then referred to arbitration and at the end of the arbitral proceedings, the sole arbitrator made an award in favour of the respondent.

Thereafter, by an originating motion filed on 15th November, 2017, the respondent sought an order of the lower court for the recognition of the said final Arbitral Award and for a writ of fieri facias [fi fa] to issue to attach the movable properties of the appellant.

The appellant filed a counter-affidavit in opposition to the originating motion and after hearing the application, the lower court, Coram Judice: Goodluck, J. (as he then was), in a judgment delivered on 14th November, 2019 granted the application as prayed. The judgment of the lower court is at pages 175 – 181 of the records of appeal.

The appellant, piqued by the decision of the lower court, appealed against the same by notice of appeal filed on 5th December, 2019. The said notice of appeal is at pages 182 – 185 of the records of appeal. The records of appeal having been compiled and transmitted on 13th December, 2019, the parties filed and exchanged briefs of argument.

The respondent filed a notice of preliminary objection challenging the competence of the appeal which it argued in its respondents brief. The appellant did not file a reply brief. At the hearing of the appeal, the learned counsel for the parties urged the court to uphold their respective submissions in the determination of the appeal.

The appellants counsel further stated that since he did not file a reply brief, he left the determination of the preliminary objection to the discretion of the court.

In the appellant’s brief which was filed on 5th February, 2020, three issues were distilled for determination, namely:

A. Whether the lower court did not breach the constitutional provision that ruling and judgment must be delivered within ninety days?

B. Whether the appellant is mandated by the provisions of section 32 of the Arbitration and Conciliation act to file an application in support of its counter-affidavit opposition [sic] the respondent application?

C. Whether the issued [sic] raised in the respondent written address in support of its counter affidavit is an academic issue?

The respondent adopted the issues distilled by the appellant with some modifications. The issues for determination as modified by the respondent in its brief of argument which was filed on 8th February, 2021 but deemed as properly filed on 17th March, 2022 are as follows: