BELLO SALAMI & ANOR VS. ALHAJI ADETORO LAWAL
May 28, 2025CHIEF N. P. UGBOAJA V SODOLAMU AKITOYE-SOWEMIMO & 3 ORS
May 28, 2025Legalpedia Citation: (2008-07) Legalpedia (SC) 11393
In the Supreme Court of Nigeria
Fri Jul 11, 2008
Suit Number: SC. 162/2002
CORAM
NIKI TOBI
NIKI TOBI
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
NIKI TOBI
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
NIKI TOBI
NIKI TOBI
NIKI TOBI
NIKI TOBI
NIKI TOBI
NIKI TOBI
NIKI TOBI
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
NIKI TOBI
NIKI TOBI
UMAR ATU KALGO JUSTICE, SUPREME COURT
NIKI TOBI
NIKI TOBI
NIKI TOBI
UMAR ATU KALGO JUSTICE, SUPREME COURT
NIKI TOBI
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
NIKI TOBI
UMAR ATU KALGO JUSTICE, SUPREME COURT
UMAR ATU KALGO JUSTICE, SUPREME COURT
PARTIES
NIKA FISHING CO. LTD APPELLANTS
LAVINA CORPORATION
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
AFRICAN CONTINENTAL BANK LTD. CALABER VS JOSEPH AGBANYM 1960 FSC 267/1959 [1960] NSCC 12The respondent claimed entitlement to demurrage from the appellant in a contract of carriage of goods by sea from Argentina to Lagos, Nigeria. The agreement provided for a foreign jurisdiction. The respondent did not file a counter affidavit to the application for stay of proceedings.
HELD
The court allowed the appeal and held that the parties were bound by the agreement to submit to foreign jurisdiction. ?
ISSUES
1. Whether or not the Court of Appeal in the exercise of its appellate jurisdiction correctly held that the learned trial Judge exercised its discretion correctly and was therefore right to have refused a stay of proceedings or to have refused to dismiss the suit in its entirety>
RATIONES DECIDENDI
CONDITIONS FOR THE GRANT OF APPLICATION FOR STAY OF PROCEEDINGS
The Court has discretion whether or not to grant the application for stay of proceedings. The law requires such discretion to be exercised by granting a stay unless strong cause for not doing so is shown. The burden of showing such strong cause for not granting the application lies on the door steps of the Respondent as the Plaintiff– Mohammed J.S.C.
DUTY OF A COURT TO GIVE EFFECT TO VENUE OF LITIGATION IN A CONTRACT
Jurisdiction is a very hard matter of law and so cannot be subjected to particular feelings and sentiments of the court. Where a contract specifically provides for the venue of litigation, courts are bound to give teeth to the contract by so construing it, without ado- Tobi J.S.C
CASES CITED
1. Sonner (Nig.) Ltd. v. Partenreedri M. S. Nordwind (1987) 4 N.W.L.R. (Pt. 66) 520 ,(1987) All N.L.R. 548 at 567 – 5682. Akinfosile v. Ijose (1960) S.C.N.L.R. 447 3. Akanmu v. Adigun (1993) 7 N.W.L.R. (Pt. 304) 218 4. Ajuwon v. Akanni (1993) 9 N.W.L.R. (Pt. 316) 182 at 2005. Northern Assurance Co. Ltd. v. Wuraola (1969) NSCC 22; 6. United Bank for Africa v. Europhina Nigeria Limited (1991) 12 NWLR (Pt. 176) 677 7. Amadi v. Thomas Aplin and Co. Ltd. (1972) 7 NSCC 262
STATUTES REFERRED TO
