SANUSI, JCA (Delivering the Lead Judgment): This is an interlocutory appeal against the ruling delivered by Holloway, J., of Ikeja Division of Lagos State High Court on 5th October, 1994. The 1st Respondent in this appeal as plaintiff in the lower court filed a writ of summons against the appellant/defendant making the under mentioned claim:
(a) Two and a half million naira (N2.5m) as damages for loss of profit on a sixteen million naira (N16m) building contract between the plaintiff as contractor and the 1st Defendant/ Appellant as employer.
(b) One and a half million naira (N1.5m) for materials equipment and staff if mobilised for the implementation of the contract.
(c) Injunction restraining the Defendant its servants, agent and/or workmen from interfering with the plaintiff’s right of access to its property and the contract site.
When the writ was filed in the court below and before pleadings were ordered the parties agreed to submit to arbitration. The lower court thereupon on 27th…