Judgment
ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the judgment of the Federal Capital Territory (FCT) High Court, Abuja, delivered on May 8th, 2020 by Hon. Justice O. C. Agbaza wherein the Respondent’s application was granted and an order recognising the arbitral award dated November 6th, 2018 was granted in favour of the Applicant the Respondent herein.
The Appellant was dissatisfied with the decision of the Court that it refused to set aside the arbitral award of November 6th, 2018 but rather ordered recognition of same as earlier stated. It filed its Notice of Appeal on May 18th 2020 and as amended with Four (4) Grounds of Appeal on September 10th, 2020 of same date, deemed as properly filed and served on February 3rd, 2022. The following reliefs in the main are being sought: “i. An Order allowing the appeal. ii. An Order of this honourable Court setting aside the decision of the trial Court. iii.
An Order of this Court setting aside the arbitral award. iv. An Order of this Court dismissing/striking out Motion No. M//2987/19 Brief facts as garnered from the printed record placed before this Court that culminated into this appeal are that the Respondent bought four (4) units duplex at No. 40 Madeira Street, Imani Estate, Maitama, Abuja from the Appellant for Seven Hundred and Ten Million (N710,000,000.00) Naira.
The Appellant undertook to refund the Respondent’s purchase fee, solicitor’s fee and the bank charges where it is unable to perfect its title to the property or if an adverse third party claimed title on the property. The Respondent was forcefully evicted by an Agency of the Federal Government of Nigeria which laid claim to the property. The Appellant in spite of demands by the Respondent for possession or refund of purchase fee, failed to do anything.
According to the Appellant, the Respondent was not disturbed in any way in the possession of the property in spite of the action of the said Government Agency. The Respondent on the other hand, pursuant to the Arbitration clause contained in their agreement gave notice of Arbitration. The Final Award was published by Prof. Paul Idonigie in favour of the Respondent after the arbitral proceedings. The Appellant for that reason filed an Originating Motion as amended at the FCT High Court and sought to set the arbitral award aside whilst the Respondent filed an application for its recognition.
