JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Ruling of the High Court of Lagos State Delivered on 16th Day of April, 2013 in Suit No: LD/438/2007 wherein the Appellants application for stay of proceedings pending reference of the dispute between the 1st Defendant (Appellant herein) and the Claimant 1st Respondent in this Appeal filed on 11th June, 2010 by the Appellant in the lower Court was dismissed.
Dissatisfied with the decision, the Appellant appealed to the Court by filing a Notice of Appeal on 29th April, 2013 containing five grounds of Appeal (pages 294-301 of the Record) from the grounds of Appeal the Appellant distilled a lone issue for determination viz:-
Whether having regard to the unchallenged facts, the learned trial Judge properly applied the Provisions of Section 5 of the Arbitration and Conciliation Act, in refusing to stay proceedings in this matter pending reference to Arbitration?"
The 1st Respondent on its part formul…