Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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