COMMERCE ASSURANCE LTD. V. ALHAJI BURAIMOH ALLI

• Pages: 556-568

556

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NIGERIAN SUPREME COURT CASES

[1992] 1 N.S.C.C.

COMMERCE ASSURANCE LTD. V. ALHAJI

BURAIMOH ALLI

5

COMMERCE ASSURANCE LTD.

V.

ALHAJI BURAIMOH ALLI

APPELLANT

RESPONDENT.

APPEAL No. Sc. 73/1986

10

SUPREME COURT OF NIGERIA

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KARIBI-WHYTE,

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J.S.C.

BELGORE,

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J.S.C.

NNAEMEKA-AGU, J.S.C.

WALT,

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J.S.C.

A KPATA ,

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J.S.C.

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10th April, 1992.

Appeal- Brief writing - Issues for determination - How drafted - Must arise from correct

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facts and grounds of appeal.

Appeal- Interlocutory decision - Decisions not appealed against - Whether it can be

challenged on

appeal.

Arbitration-

Arbitration agreement - Whether Can be contained in an insurance policy.

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Arbitration- Arbitration award - Whether court can review or set aside on grounds of error

in law or on the facts.

Arbitration -

Award - Enforcement of awards - What proper method to adopt.

Practice and Procedure- Amendment - Name

of parties to proceedings - What principle

will apply.

ISSUES:

1.

Whether a plaintiff whose claim was struck out and not dismissed by the court

is estopped from bringing a fresh action before the court to enable its claim to

be determined on the merits and whether the respondent who had sought to

enforce an arbitration award is barred from bringing an action for judgment on

the award.

2.

Whether an appellant can complain of the excessiveness of an award made by

the Arbitrator as the appellant did not apply to the court to have the award set

aside or remitted when made and when the issue of excessiveness of the award

was not raised at the trial.

3.

Whether the court of Appeal can exercise its power under section 16 of the

Court of Appeal Act to review the award of damages when the point was not

raised at the trial and whether the Court of Appeal can properly do so even if

the point had been raised at the trial.

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