POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE | MAIN ISSUES |
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ALTERNATIVE DISPUTE RESOLUTION – CONTRACT: – Bindingness of an agreement made to settle ongoing litigations – Whether can be repudiated by party in whose favour judgment was subsequently given by court on the ground of mistake – Whether failure to ask Court to substitute reliefs sought in suit with terms of extra-judicial agreement is fatal – Equitable maxims applicable to same |
JOHN ONYENGE AND ORS V. EBERE AND ORS.
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ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:-Customary Law arbitration – Whether binding on parties ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Customary Law arbitration – Whether parties are bound by common law principles. ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Customary Law arbitration – Validity of Oath taking. |
JOSEPH RICHARD OBUADABANG V. LATE OF LARTEH AHENEASE
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ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitral award according to native customary law — General principles governing arbitrations-One party withdrawing before arbitration completed – Effect |
JSC ZESTAFONI G NIKOLADZE FERROALLOY PLANT V. RONLY HOLDINGS LTD | ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Application to set aside interim arbitration award on ground of lack of jurisdiction to make award – Section 67 of the Arbitration Act 1996 – How treated |
INCO EUROPE LTD & ORS. V. SCANCILA CONTRACTING CO. LTD | ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Application for stay of action on ground that said action was brought in respect of matter parties agreed should be referred to arbitration – How treated |
JUREIDINI V. NATIONAL BRITISH AND IRISH MILLERS INSURANCE COMPANY | ALTERNATIVE DISPUTE RESOLUTION:- Insurance agreement – Arbitration clause – when inserted and asserted as a condition precedent – attitude of court thereto |
KANO STATE OIL AND ALLIED PRODUCTS LIMITED
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ARBITRATION:- Appointment of arbitrator – Proceedings therefor – Methods of initiating same – Whether by motion or by writ of summons. ARBITRATION:- Appointment of arbitrator – Who can apply therefor. ARBITRATION:- ”Submission” in relation to arbitration – Meaning of. |
KANO STATE URBAN DEV. BOARD V. FANZ CONSTRUCTION CO. LTD.
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ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Application for stay of proceedings pending arbitration – What constitutes taking a step ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Disputes – How submitted for arbitration – Arbitration proceedings – When declared null and void – ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitral award – Bindingness of on parties thereto ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Application to set aside – When and how made when not to set aside SS. 3,5, 12 (2) and 13 Arbitration Law, Cap. 7, Laws of Northern Nigeria, 1963, applicable in Kano State considered. ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Time within which to make – What constitutes ‘application’ for purposes of computation of time ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Application to set aside brought after application to enforce award – Competence of application to set aside – Arbitral award – Grounds on which to set aside ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Misconduct – What constitutes and could sustain an application to set aside an arbitral ward ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Error of Law – What amounts to – When lead to setting aside an arbitral award |
L. S. D. P. C. V. ADOLD STAMM INT’L (NIG.) LTD.
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ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:– Arbitration clause pursuant to a building contract – Satisfaction of clause and enforcement of award arising therefrom – How treated |
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ALTERNATIVE DISPUTE RESOLUTION – CUSTOMARY ARBITRATION:- Definition and Nature of – Ingredients for a valid customary arbitration – When binding on parties – How to assert Non-bindingness ALTERNATIVE DISPUTE RESOLUTION: – Estoppel per rem judicatam – Distinction between a decision by a court of competent jurisdiction and an award by a customary arbitration – Whether both always constitute estoppels per rem judicatam – Pre-conditions which must be satisfied before an award of a customary arbitration can operate as an estoppel – Whether evidence of witnesses during customary arbitration is no evidence before the trial customary court |
M. V. PANORMOS BAY V. OLAM NIGERIA PLC.
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ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitration clause in a bill of lading – Statutory limitation thereto – Section 20, Admiralty Jurisdiction Decree, 1991 ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Stay of proceedings pending reference to arbitration – Party applying therefor – Onus on – What he must satisfy |
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ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Appointment of arbitrator – Jurisdiction with respect thereto – In which court resides as between State and Federal High Court. ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Appointment of arbitrator- Law governing same – Whether Companies and Allied Matters Act applicable thereto. ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitrator – Receiver – Distinction between – Respective duties of ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Appointment of arbitrator – Law governing same – Whether Companies and Allied Matters Act applicable thereto |
MELFORD AGALA & ORS. V. CHIEF BENJAMIN OKUSIN & ORS | ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION – CUSTOMARY LAW ARBITRATION:- Guiding principles |
MICHADO & COMPANY INCORPORATED V. MODAK (NIG) ENTERPRISES LTD. |
ARBITRATION:– Arbitral award – essence of – Rights of parties to challenge same before a court of law. ARBITRATION:– Arbitral award – Grounds for refusal of enforcement or recognition of arbitral award under section 52 of the Arbitration and Conciliation Act, 1988 ARBITRATION:– Arbitral proceedings – Need to observe the rules of natural justice in such proceedings. ARBITRATION:– Arbitral proceedings – party served with notice of proceedings defaulted to avail itself of the opportunity to present its defence – Whether proceedings was fair. |
MISR NIG LTD V. SALAH EL ASSAD | ARBITRATION:– Arbitration Award – Application to set aside Award – How properly brought – Whether should be by Notice of Motion or by Originating Summon – High Court of Lagos Act S.60 |
NAAMLOOZE VENNOOTSCHAP HANDELS V. A.S.J | ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Application of Statutes of Limitation to arbitrations – Arbitration Act 1889 – Date of commencement of arbitration proceedings where no arbitrator named by either party |
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JUDGMENTS OF NIGERIAN COURTS |
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By Substantive Areas |