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IWUANYANWU
V.
MINISTER OF AGRICULTURE & WATER RESOURCES & ANOR

(2016) JELR 37049 (CA)

Court of Appeal 11 Mar 2016 Nigeria
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- This is an interlocutory appeal against the ruling of the Federal High Court Abuja Division, refusing to strike out a suit for lack of jurisdiction. - The appellant argued that there is an arbitration clause in the contract agreement and

Case Details

Suit Number:CA/A/369/2010
Judges:TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Counsel:Ibrahim A. Esq. with him, Chris Mbah, Esq. and Vera Opaluwa Ihunanya For Appellant D. C. Enwelum, Esq. for 2nd Respondent For Respondent

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Federal High Court Abuja Division, presided over by Honourable Justice I. N. Auta, dated the 20th of July, 2010, refusing to strike out suit number, FHC/ABJ/CS/406/09 for jack of jurisdiction, see pages 234 to 253 of the record of appeal filed on the 11th of October, 2010.

This appeal is decided on the briefs of the appellant and the 2nd respondent by leave of Court obtained on the 30th of March, 2015.

FACTS IN BRIEF:

The appellant after being served with a writ of summons of the respondents filed a motion on notice on the 30th of July, 2009 along with a written address of counsel, see pages 120 to 128; while the Memorandum of Appearance under protest is on pages 118 to 119 of the record of appeal. The appellant's grounds of objection are as follows:

1. That there is an Arbitration clause in the contract of agreement and by virtue of Section 5 of the Arbitration Act, 2004…

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