Sundersons Limited & Anor V. Cruiser Shipping Pte Limited & Anor (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This appeal is predicated upon an interlocutory ruling of Honourable Justice C. E. Archibong of the Federal High Court, No. 8, Ikoyi, Lagos, delivered on the 14th of March, 2011, which was in favour of the Respondents in this Appeal.

FACTS: Simply put, the Respondents (Applicants at the Lower Court) filed an application at the Lower Court, which application is dated 27th September, 2010, asking the court to recognize and grant them leave to enforce in the same manner as the Judgment of the Federal Court, the final Arbitration Award rendered in the United Kingdom in a dispute between the Appellants and the Respondents.

The learned trial Judge, after taking the application, found for the Respondents. In his Ruling, the lower court held inter alia

“…The Final Award of Arbitration proceedings …are recognizable by the court and enforceable… It shall be so enforced upon filing of a duty authenticated original award (sic) by the Applicant herein, and I so rule. 23rd March, 2011 for mention.”

The Appellants are dissatisfied with this Ruling and filed a Notice of Appeal on the 22nd of March, 2011, which is dated 22nd March, 2011 – pages 112-114 of the Record of Appeal.

By a Charter party Agreement dated 4th August, 2006, the 2nd Respondent chartered to the 1st Appellant the ship “MV CRUISER” (of which the 1st Respondent were registered owners) to load and carry cargo of about 23,000 metric tons of rice belonging to the 2nd Appellant from Kakinada, India to Lagos and Port Harcourt in Nigeria.

A dispute arose between the parties, and pursuant to the Charter Party

Arbitration Clause which was incorporated in the Bills of Lading, London arbitration was provided for. Both parties appointed one arbitrator each with a 3rd arbitrator to be chosen by the appointed two.

At the end of the Arbitral proceedings, a final Award was made on the 15th of October, 2009.

On the 27th of September, 2010, the Respondents, by application, applied to the lower Court to register and enforce the Award.

The Appellants challenged the registration and enforcement of the Award on the grounds that the Respondents failed to put sufficient materials before the Court to warrant the granting of the application.

The Appellant filed a Notice of Appeal on the 22nd of March, 2011 with three (3) Grounds of Appeal.

Simply put the Grounds can be safely reproduced, shorn of its particulars.