GUTHRIE NIG. LTD
V.
KWARA STATE GOVT.

(2017) JELR 57695 (CA)

Court of Appeal · CA/IL/64/2017 · 20 Nov 2017 · Nigeria

CORAM

CHIDI NWAOMA UWA JCA (Presided) HAMMA AKAWU BARKA JCA (Read the Lead Judgment) BOLOUKUROM O. MOSES UGO JCA

Ratio Decidendi

Core Terms ^Beta

arbitration

lower court

parties

appellant

court

agreement

arbitration clause

exhibit b

notice of intention

contract agreement

learned counsel

accompanying affidavit

appellant’s claim

honourable trial court

respondent’s preliminary objection

trial court

2nd respondent

term of this agreement

undefended list

exhibits c

presence of arbitration clause

provision of the arbitration clause

subject of arbitration

civil procedure

claim of the claimant

conciliation act cap

decline jurisdiction

following reasons

incumbent chairman of nigeria society of engineers

issue of the claim

kwara state government

kwara state high court

lead counsel

mr. h. a. gegele

notice of appeal

payment of the agreed liquidated sum

payment of the sums

provision of an arbitration clause

provisions of sections

respect of the subject matter of the appellant

ruling of the kwara state high court

ruling of the lower court

s brief of argument

stay of proceedings of the suit

suit no.kws

support of the notice of intention

support of the undefended list

wemabod estates limited

wrong decision

BARKA JCA (Delivering the Lead Judgment): This appeal is against the ruling of the Kwara State High Court in suit No.KWS/307/2016, between Guthrie Nigeria Limited and Kwara State Government and two others, delivered on 23 March 2017; Coram A. M. Folayan. In the said ruling, the lower court upheld the respondent’s preliminary objection, which urged the court to decline jurisdiction and to refer the suit filed before it to arbitration.

The facts generating this appeal do not appear to be in contest. The facts as narrated by the appellant are that consequent upon the suit filed by the plaintiff, now appellant at the lower court under the undefended list, seeking for the payment of the sums of ₦586,206,883.33, which suit was filed on 17 November 2016, it was contended by the plaintiffs that their claim was not in dispute.

Upon being served the plaintiffs writ of summons and the accompanying affidavit in support of the undefended list, the respondents filed a notice of intention to defend th…

GUTHRIE NIG. LTD V. KWARA STATE GOVT.

GUTHRIE NIG. LTD
V.
KWARA STATE GOVT.