RHODES-VIVOUR JCA (Delivering the Lead Judgment): In the High Court Port Harcourt, Rivers State, the plaintiff, now respondent instituted an action against the defendant, now appellant by an originating summons endorsed as follows:
- Appointing a named Arbitrator (pursuant to section 7(1) Arbitration and Conciliation Act) through the recommendation of the Institute of Chartered Arbitrators of Nigeria to enquire into the matter in difference between the parties as it relates to failure on their part to agree on the rent revision clause under a sublease agreement made on the 25th day of April, 1986 and to make award accordingly.
- Further or in the alternative, directing the plaintiff and defendant in this suit to submit to arbitration by adopting the procedure stated in section 7(1) and (2) of the Arbitration and Conciliation Act, 1988 for the resolution of the matter in difference between them.
- That the charges or remuneration of the arbitrators to be so appointed shall be borne by both p…