OBA JOSEPH ADEYEMI AJAYI V. OBA JOSEPH ABOLARIN JOLAYEMI
June 24, 2025P.N. UDOH TRADING COMPANY LTD V SUNDAY ABERE & ANOR
June 24, 2025Legalpedia Citation: (2001) Legalpedia (SC) 17210
In the Supreme Court of Nigeria
Fri May 18, 2001
Suit Number: SC./45/96
CORAM
SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT
PARTIES
RAS PAL GAZI CONSTRUCTION COMPANY LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The High court converted an arbitral award to its judgment and imposed 20% interest on the award.
HELD
The court held that the lower court was right in setting aside the judgment.
ISSUES
1. Whether the High Court has jurisdiction to convert an arbitral award into its own judgment instead of merely recognising the award as binding on the parties for purposes of enforcement.2. Whether the High Court has jurisdiction to award interest on the arbitral award in exercise of its judicial discretion under Order 27 Rule 8 of the Abuja High Court (Civil Procedure) Rules 1985.”?
RATIONES DECIDENDI
NATURE OF A CONSENT JUDGMENT
Parties may settle their dispute by consent in the course of the trial. Such settlement is a compromise and in order to have a binding effect on the parties, it is imperative that it should have the blessing of the court. So when the court adopts the terms settlement and makes it its judgment, then the settlement assumes the status of a consent judgment binding upon the parties. – Katsina- Alu J.S.C.
NATURE OF AN AWARD MADE PURSUANT TO AN ARBITRATION PROCEEDINGS
Arbitration proceedings as I have already shown are not the same thing as negotiation for settlement out of court. An award made pursuant to arbitration proceedings constitutes a final judgment on all matters referred to the arbitrator. It has a binding effect and it shall upon application in writing to the court, be enforced by the court.- Katsina- Alu J.S.C.
CASES CITED
1. Middlemiss v. Hartlepool Corpn. (1973) 1 All ER.1722. Woluchem v. Wokoma (1974) All NLR 605 at 617.3. K.S.U.D.B. v. Fans Constructin Co. Ltd. (1990) 4 NWLR (Pt.142 1 at P. 37; 4. Commerce Assurance Ltd. V. Alli (1992) 3 NWLR (Pt.232) 710 at 725; 5. Ojibah v. Ojibah (1991) 5 NWLR (Pt.191) 296.?
STATUTES REFERRED TO
The Arbitration and Conciliation Act
