A. I. KATSINA-ALU, JSC (Delivering the Leading Judgment): This is an appeal from the majority decision of the Court of Appeal which dismissed the appellant's appeal to that Court.
The facts of this case are simple and straight forward. The applicant Hon. E. O. Araka by an originating summons commenced an action for the recognition and enforcement of an award. The award was made pursuant to the Deed of Lease dated 9th October, 1975. Clause 4(a) of he Deed of Lease provides for revision of the reserved rent every fifteen years while clause 4(b) provides as follows:
"If the Lessor and Lessee are unable to agree as to the rent to be paid upon revision as aforesaid, the matter shall be referred to an Arbitrator agreed upon by them or in the absence of such agreement to an arbitrator appointed by a Judge of the High Court."
Sequel to the liability of the parties to agree upon an arbitrator as provided for under Clause 4(b) of the Lease Agreement (Exhibit 1), Olike, J., of the High Court, On…