United Shipping & Trading Company Inc. V. Agro Allied Development Ent. Limited (2000)

LawGlobal-Hub Lead Judgment Report

A. OGUNTADE, J.C.A.

On 11/2/98, the Respondent, as Plaintiff brought an originating summons before the Federal High Court, Lagos (Coram Jinadu J) against the appellant, as the defendant for the enforcement of an Arbitral award. An affidavit was filed in support of the summons in accordance with the applicable procedural Rules of the Federal High Court. The parties are herewith referred to as ‘Plaintiff’ and ‘Defendant’.

On 27/4/98, the originating summons was first mentioned in court. The Court notes for that day read:

“Mr. Femi Atoyebi for the Plaintiff.

Mr. N. Idris, Manager, Legal Services represents the defendant – says we received the court processes on 14/4/98 and since then we have made efforts to contact our lawyer Mr. Jimi Oduba without success.

I was told that he travelled.

Court: Very well. Adjourned to 4/5/98 for mention.”

The matter next came up on 4/5/98 and the court notes for that day read:

“Mr. Nuhu Idris, Manager, Legal Services represents the defendant.

Mr. Femi Atoyebi for the plaintiff.

Otunba Jimi Oduba says I have not been briefed as counsel in this case.

Atoyebi: I ask for a hearing date.

Court: Very well. Case is fixed for hearing – 27/5/98.”

On 27/5/98, at about 9.45 am, then the lower court granted plaintiff’s counsel leave to move his application, no counsel had appeared for the defendant. The defendant had in court its representative Mr. Nuhu Idris. There is no indication that Mr. Nuhu Idris requested for an adjournment. Plaintiff’s counsel moved his application and at the end of his address, the court notes read: