(2006) JELR 46020 (CA)    

Court of Appeal  ·  CA/I/48/03 ·  11 Jul 2006 ·  Nigeria
JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria GERTRUDE IFUNANYA UDOM-AZOGU Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
originating summons
trial court
partnership agreement
learned trial judge
laws of ogun state
due process of law
lead judgment
learned counsel
arbitration law cap
hearing of an application
kofa trading co.
police action
prince kayode alayo
sharing of profits
support of the originating summons
terms of the deed
5th day of july
admission of such facts
affidavit of the plaintiff
amina adamu augie
appointment of an arbitrator vide clause
brief of argument
business partnership
case of a disagreement
entire judgment of the trial court
high court
ifunanya udom-azogu
instance of the respondent
john afolabi fabiyi
judgment of the learned trial judge
leading judgment
order of this honourable court
plaintiffs action
prince ayantuga
relevant facts
reserved judgment
rights of the plaintiff
stance of the learned trial judge
third party
vide suit no. hcs
view of the police action

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered by Olopade, J. while sitting at Sagamu Judicial Division of the Ogun State High Court of Justice on the 5th day of July, 2001. In the judgment, the learned trial judge ordered that Muyiwa Obanewa Esq. shall be and is hereby appointed Arbitrator under the Partnership Agreement between the parties herein dated 1st day of January, 1996'.

It is apt to assemble the relevant facts leading to this appeal. The Respondent, the Appellant and the third party signed an agreement on 1st January, 1996 by which they entered into a business partnership. The Agreement is Exhibit 'A' referred to in the affidavit of the plaintiff who is the Respondent herein in support of the Originating Summons.

The terms of the Deed freely executed by the parties included, inter alia, a provision for arbitration in case of a disagreement among the parties. The Respondent was to provide the capital to finance…

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