CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Auta J. (as he then was) of the Federal High Court in Suit No FHC/L/CS/1060/2004 to re-hear the Appellant's preliminary objection de novo following the administrative transfer of the case file to his Lordship by the then Chief Judge of the Court.
FACTS:
By an Originating Motion dated 15/11/04, the Respondent sought inter alia for an Order setting aside an Arbitral Award made on 28/10/04 in favour of the Appellant. Pursuant to leave of the Lower Court, the Respondent amended its Originating Motion on 4/2/05 and further amended same on 18/3/05. The Appellant subsequently filed a preliminary objection dated 25/5/05 challenging the Further Amended Originating Motion. The said Preliminary Objection was thereafter argued before G.C. Okeke J and ruling reserved for the 12th of December, 2005. The matter took a different turn when on 29/11/05, the Respondent herein filed an application …