CASE DIGEST – ARBITRATION: PARTIES ARE BOUND BY THE OUTCOME OF ARBITRATION TO WHICH THEY FREELY SUBMITTED TXTLIGHT POWER SOLUTIONS LIMITED v. AIICO INSURANCE PLC COURT OF APPEAL (LAGOS DIVISION) (EKANEM; OBIORAH; BASSI, JJ.CA) TXTLight Power Solutions Limited (the Appellant) and AIICO Insurance PLC (the Respondent) entered into an Industrial All-Risk Insurance Policy under which
CASE DIGEST – ARBITRATION: THE LAW DOES NOT RECOGNISE LIFE TENURE FOR MANAGING DIRECTORS OR BOARD CHAIRMEN U.O.O. (NIG.) PLC v. OKAFOR & ORS. SUPREME COURT OF NIGERIA (RHODES-VIVOUR; PERTER-ODILI; NWEZE; AUGIE; EKO, JJ.SC) U.O.O. (Nig.) Plc (the Appellant) was founded by the late Nze Uche Okafor who had seven wives and fifty-five children. Prior
CASE DIGEST – ARBITRATION: A COMPANY UNDER RECEIVERSHIP RETAINS THE RIGHT TO CHALLENGE THE RECEIVERSHIP THROUGH COUNSEL OF ITS CHOICE NECONDE ENERGY LIMITED v. FBNQUEST MERCHANT BANK LIMITED & 4 ORS SUPREME COURT OF NIGERIA (GARBA; AGIM; TSAMMANI; ADAH; IDRIS, JJ.SC) Nestoil Limited (3rd Respondent) became indebted to a consortium of banks under a syndicated
CASE DIGEST – ARBITRATION: ARBITRAL AWARD; ENFORCEMENT OF ARBITRAL AWARD; DOES THE FEDERAL HIGH COURT HAVE THE AUTHORITY TO ENFORCE AN ARBITRAL AWARD AS JUDGMENT OF A TRIAL COURT? NIGERIAN NATIONAL PETROLEUM CORPORATION v. FUNG TAI ENGINEERING COMPANY LIMITED SUPREME COURT OF NIGERIA (KEKERE-EKUN; AUGIE; ABBA-AJI; GARBA; JAURO, JJ.SC) Pursuant to an arbitration clause in
CASE DIGEST – TRADEMARK: TRADEMARK REGISTRATION; INFRINGEMENT; HOW IS A TRADEMARK INFRINGMENT DETERMINED? INTERNATIONAL TOBACCO (NIG.) LTD. & ORS. v. OLOLADE OGUNNIYI; RONKE OGUNNIYI; JOHANN WILHELM VON. EICKEN GMBH – (Interested Party) v. BRITISH AMERICAN TOBACCO (NIG.) LTD. & ANOR. SUPREME COURT OF NIGERIA (KEKERE-EKUN; GARBA; OGUNWUMlJU; SAULAWA; JAURO, JJ.SC) Background Facts British American Tobacco
CASE DIGEST – PROPERTY LAW: ADMINISTRATION OF ESTATE; CAN AN ADMINISTRATOR /TRIX ADMINISTER PROPERTY NOT COVERED BY THE GRANT OF LETTERS OF ADMINISTRATION? MRS. JEMILAT FOLARIN v. MR. FARAJDEEN AYODELE AGUSTO (surviving administrator of the Estate of Late L. B. Agusto) SUPREME COURT OF NIGERIA(ARIWOOLA; OKORO; AUGIE; ABUBAKAR; AGIM, JJ.SC) Background Fact The original plaintiffs (now
ADMIRALTY: SHIP ARREST; CAVEAT AGAINST SHIP RELEASE; DOES A PERSON WHO FILES A CAVEAT FOR THE RELEASE OF A SHIP HAVE TO BE A PARTY TO THE ACTION? MT. ORYX TRADER & Anor. v. WRIST SHIPPING SUPPLY Court of Appeal (Nigeria) (DONGBAN-MENSEM; OGBUINYA; UMAR, JJ.CA) Background Facts ADMIRALTY: SHIP ARREST; CAVEAT AGAINST SHIP RELEASE; DOES A
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