A. A. ATTA NIG LTD
V.
CONOIL PLC
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…