(2021) JELR 109202 (SC)    
Supreme Court  ·  SC.465/2011 ·  10 Dec 2021 ·  Nigeria
Mary Ukaego Peter-Odili, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Mohammed Lawal Garba, JSC Ibrahim Mohammed Musa Saulawa, JSC Emmanuel Akomaye Agim, JSC
Core Terms Beta
trial court
lower court
arbitration clause
conclusive effect
issue no.
high court
learned trial court judge
learned trial judge
notice of appeal
high court of lagos state
respective parties
respondent ought
appeal no. ca
pendency of an application
statement of claim
sum of n462,068,741.92
viva voce submission of the learned counsel
background facts
facts of the case
instant appeal
judgment of the court
judgment of the court of appeal
leading judgment
learned counsel
lord denning
records of appeal
respective briefs of argument
said agreement
said notice of appeal
stay proceedings
such dispute
basis of the arbitration clause
cognizance of the trite judicial principle
given case
implication of law
judgment of the court of appeal lagos judicial division
judgment of the honourable lower court
judgment of the lagos state high court
nnsc ltd v
paragraph c
present respondent
said judgment of the court
view of the salient fact

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The instant appeal is against the judgment of the Court of Appeal Lagos Judicial Division, delivered on June 7thh, 2011 in appeal No. CA/L/489/2010, By the judgment in question, the Court below, coram- Mshelia, Okoro (as he then was) and Danjuma, JJCA held that the trial High Court of Lagos State lacked jurisdiction to try the case, thereby set aside the vexed ruling and judgment delivered on June 18th, 2010, and referred the respective parties to arbitration.


The suit (LD/1146/2009) was instituted in the trial High Court by the Appellant, vide a writ of summons, dated July 15th, 2009. By the 20 paragraphed statement of claim, filed along with the writ thereof, the Appellant claimed the following reliefs against the Respondent:

a. Sum of N462,068,741.92 (four hundred and sixty two million sixty eight thousand seven hundred and forty one naira ninety-two kobo) being the sum outstanding and unpaid to …

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