ALHADJA SABALEMOTU A. KAIYAOJA & ORS V. LASISI EGUNLA
August 9, 2025JULIANA ODE V. THE STATE
August 9, 2025Legalpedia Citation: (1974) Legalpedia (SC) 11631
In the Supreme Court of Nigeria
Wed Dec 11, 1974
Suit Number: SC. 252/1974
CORAM
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
IRIKEFE JUSTICE, SUPREME COURT
PARTIES
MURMANSK STATE STEAMSHIP LINE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant sought to enforce an arbitral award made in Moscow for breach of charterparty agreement in 1964 by the respondent in 1972 without leave of court.
HELD
The court held that the action is incompetent for failure to obtain leave of court and statute barred.
ISSUES
Whether the statutory period in this case runs from date of the award in 1966 and not from the date of the breach of the charterparty in 1964.
RATIONES DECIDENDI
ENFORCEMENT OF AN ARBITRATION AWARD
In order to sue for the enforcement of an arbitration award, leave of the court or of a Judge must first be obtained. Per Elias CJN
STATUTE OF LIMITATION
if the action in such a case is really one on the charterparty and not on the award, which we think is the case in the present appeal, the statutory period of limitation must being to run from the breach of the charterparty in 1964 and not from the making of the award in Moscow in 1966. Per Elias CJN
CASES CITED
Thompson v. Charnock (1799) 8 Term Rep. 139
Graham v. Seagoe (1964) 2 Lloyds Report 564.
Toronto Railway v. National etc. Insurance Co. (1914) 20 Com. Cas. 1.
Heyman v. Darwins Ltd. (1942) AC 336, at p. 377:
Bremer Oeltransport G.M.B.H. v. Drewry (1933) 1 KB 753
STATUTES REFERRED TO
Arbitration Law (Cap. 7 of the Laws of the Northern States)
The Supreme Court Act, 1960
The Convention on Recognition and Enforcement of Foreign Arbitral Awards
The limitation Act 1623
