(2018) JELR 38864 (CA)    

Court of Appeal  ·  CA/K/88/2017 ·  13 Apr 2018 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria AMINA AUDI WAMBAI Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
trial court
preliminary objection
conciliation act
issue suo motu
lease agreement
suo motu
court of appeal rules
following reliefs
hearing of the appeal
honourable court
issue of stay of proceedings
learned trial judge
order of this honourable court
brief of argument
consequential relief
notice of appeal
court action
decision of the trial court
determination of the appeal
grounds of objection
provision of section
ruling of the high court of justice
submissions of the claimants counsel
supreme court
uwani musa abba aji
agreement make provisions
amadi v. okoli
arbitration settlement
conclusion of the arbitration proceedings
court grants
grounds of the appellants notice of appeal
intervening period
jurisdiction of the trial court
lagos state
leading judgment
leave of the trial court
notice of preliminary objection
plc v. njoku
plethora of decided cases
principles of natural justice
proceedings of the trial court
terms of live issues
vague contrary

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of justice, Jigawa, Hadejia judicial division in Suit No. JDU/25/2016, delivered on 26/1/2017 by Hon. Justice A.Y. Suleiman, wherein the trial Court stayed the proceedings pending arbitration settlement.

The Appellant obtained the leave of the trial Court to serve the Respondent the endorsed writ of summons at Bull Plaza 38/39 Marina, Lagos, Lagos State, outside the jurisdiction of the trial Court claiming possession of a filling station situate at Kano road, Hadejia, Jigawa State.

By a Notice of Preliminary Objection dated and filed on 14/11/2016 contained at pages 111-114, the Respondent sought for the following reliefs anchored on their grounds contained at pages 111-112 of the records:

1. That this Honourable Court lacks the jurisdiction to entertain this suit.

2. That this suit is premature and incompetent, the claimant having not first referred this matter to arbitratio…

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