NWEZE, J.S.C. (Delivering the Leading Judgment): The respondent herein commenced an action at the High Court of Kwara State (hereinafter, simply, referred to as “the trial court”) by way of writ of summons under the undefended list procedure against the appellants. It claimed for the payment of the sum of N586,206,883.33 as money due to it. Upon being served with the writ of summons and accompanying affidavit, the appellants joined issues with the respondent by filing a notice of intention to defend together with a supporting affidavit They urged the trial court to transfer the suit to the general list for hearing on the merits. The appellants, simultaneously, raised a preliminary objection to the hearing of the suit. They prayed the court to strike out the suit for want of jurisdiction or stay proceedings thereon, and refer the matter to arbitration. They drew the trial court’s attention to the existence of an arbitration clause in the agreement between the parties. In response, the …
KWARA STATE GOVERNMENT
V.
GUTHRIE NIGERIA LIMITED
(2022) JELR 109980 (SC)
Supreme Court 13 May 2022 Nigeria
Case
Citing Cases 1
BriefBot Summary
- The respondent filed a lawsuit against the appellants for the payment of a sum of money. - The appellants raised a preliminary objection to the hearing of the suit and requested that it be referred to arbitration. - The trial court upheld
Case Details
Suit Number:SC. 464/2018
Judges:CHIMA CENTUS NWEZE, J.S.C. (Presided and Read the Leading Judgment)
AMINA ADAMU AUGIE, J.S.C.
HELEN MORONKEJI OGUNWUMIJU, J.S.C.
TIJJANI ABUBAKAR, J.S.C.
EMMANUEL AKOMAYE AGIM, J.S.C.
Counsel:Ayinla Salman Jawondo, SAN, Attorney-General, Kwara State(with him, A. A. Tahib, Esq., Chief State Counsel, Ministryof Justice, Kwara State; H.K. Oyemago, Esq., State Counsel,Ministry of Justice, Kwara State and Gusari Agumome, Esq.,State Counsel, Ministry of Justice, Kwara State) - for theAppellants
Ebeni Ilegedi, Esq. (with him, Evelyn Dele, Esq. and EneAttah, Esq.) - for the Respondent
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