OWENA BANK LTD
V.
VITA CONSTRUCTION LTD

(2000) JELR 57831 (CA)    

Court of Appeal  ·  11 Jan 2000 ·  Nigeria
CORAM
GEORGE ADESOLA OGUNTADE, JCA (Presided) SULEIMAN GALADIMA, JCA AMIRU SANUSI, JCA (Read the Lead Judgment)
Core Terms Beta
arbitration
motion
lower court
court
stay of proceedings
instant case
issues
plaintiff
trial judge
arbitral proceedings
fanz construction ltd.
learned counsel
learned trial judge
trial court
first place
laws of the federation of nigeria
second issue
1st respondent
aforementioned submission of the learned counsel
appellant’s counsel
close look
consent of counsel of the parties
facts of this case
final judgment
final settlement
firm of dabo akande
first issue
high courts
ikeja division of lagos state high court
important issue
interim report
interlocutory appeal
jurisdiction of the high court
lead judgment
mentioned claim
n16m
n2.5m
order of stay of further proceedings
outcome of the arbitration
particular application
pendency of the arbitral proceedings
plaintiff’s right
respondents’ solicitors
said sum of n1.75m
see halsbury’s law
subsistence of the order of stay
such agreement

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:

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 Nov…

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