DOLPHIN DRILLING LTD. & ANOR v. GENERAL HYDROCARBONS LTD.

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Facts:

The applicant, and its Nigerian subsidiary, DD Off shore West Africa Limited, entered into a drilling contract with the respondent for the provision of off shore drilling services. Disputes arose between the parties regarding the performance of the contract and payment obligations, leading to arbitration in which Mr. Charles Adeyemi Candide-Johnson, SAN, acted as sole arbitrator. On 23 December 2024, the arbitral tribunal delivered a final award, and on 8 January 2025, issued an addendum to the award. The tribunal ordered GHL to pay the Applicants several sums including accrued interest and payments both in U.S. dollars and Nigerian naira. The Applicants fi led an Originating Motion before the Federal High Court in Lagos on 15 January 2025, seeking leave to enforce the arbitral award and for orders attaching the Respondent’s assets and funds across several financial institutions.

The respondent objected to the application, arguing that the suit was incompetent and constituted an abuse of court process because multiple distinct proceedings including enforcement, sequestration, and garnishee proceedings were improperly joined in one motion. The respondent also contended that the contract and award were void and unenforceable on grounds of illegality, asserting that the first Applicant, being a foreign company, unlawfully carried on business in Nigeria contrary to Section 78 of the Companies and Allied Matters Act (CAMA). It argued that such illegality made the award contrary to Nigerian public policy and thus unenforceable.

SKU: C00000100424-1-1-2-2-1-1-1-1-1-1-1-1-1-1-1-1-1-1 Category: Tags: , , Areas of Law::
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