MAJOR-GENERAL ZAMANI LEKWOT (RTD) & ORS VS JUDICIAL TRIBUNAL ON CIVIL AND COMMUNAL DISTURBANCES IN KADUNA STATE
July 2, 2025HARRISON OKONKWO & ANOR VS GODWIN UDOH & ANOR
July 2, 2025Legalpedia Citation: (1997) Legalpedia (SC) 13101
In the Supreme Court of Nigeria
Thu Jul 17, 1997
Suit Number: SC. 204/1992
CORAM
GEORGE ADESOLA OGUNTADE JUSTICE, SUPREME COURT
ANTHONY NNAMAZIE ANIAGOLU, JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALI JUSTICE, SUPREME COURT
PIUS OLAYINWOLA ADEREMI, JUSTICE, SUPREME COURT
MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT
KUDIRAT MOTONMORI OLATOKUNBO KBKERE-EKUN, JUSTICE, SUPREME COURT
PARTIES
CITY ENGINEERING NIGERIA LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The parties entered into a contract with a clause to submit all disputes to arbitration. A dispute eventually arose between the parties
HELD
Appeal dismissed.
ISSUES
When does the statutory period of limitation start to run for the purpose of the enforcement of an arbitration award; is it at the date of the accrual of the original cause to action or is it at the date of the arbitral award? ?
RATIONES DECIDENDI
PERIOD OF LIMITATION
The period of limitation is deemed to run after the date of the award only when a party has by his own contract expressly waived his right to sue as soon as the cause of action has occurred. If there is no such Scott v. Avery clause, the limitation period begins to run immediately. A party is, however, precluded from setting up such an agreement as a defence if he has waived his right to insist on arbitration as a condition precedent. PER OGUNDARE, JSC
EFFECT OF SUBMITION TO ARBITRATION ON JURISDICTION OF COURT
Any agreement to submit a dispute to arbitration, such as the one referred to above, does not oust the jurisdiction of the court. Therefore either party to such an agreement may, before a submission to arbitration or an award is made, commence legal proceedings in respect of any claim or cause of action included in the submission. PER OGUNDARE, JSC
CASES CITED
Murmansk State Steamship Line v. Kano Oil Millers Ltd. (1974) 12 SC 1 Obi Obembe v. Wemabod Estates Ltd. (1977)5 SC. 115 Kano State Urban Dev. Board v. Fanz Construction Co. Ltd. (1990) 4 NWLR (Pt. 142) 1Thompson v. Charnock (1799) 8 Term Rep. 139Toronto Railway v. National etc. Insurance Co. (1914) 20 Com. Cas. 1. Heyman v. Darwins Ltd. (1942) AC 336, at p.377Pegler v., Railway Executive (1948) 1 All ER 559; (1948) AC 332Bremer Oeltransport G.mb.H. v. Drewry (1933)1 KB 753.Scott v. Avery’ (1856) 5 H.L. Cas. 811?
STATUTES REFERRED TO
Arbitration and Conciliation Act No.11 of 1988,Arbitration Law Cap. 10 Laws of Lagos State 1973High Court of Lagos State Rules, 1974Supreme Court (Bench and Division) Rules, Cap. 62Limitation Law, Cap 70 Laws of Lagos State 1973?
