UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): There was an agreement for lease of premises between the 1st Appellant and Respondent. The 1st Appellant later terminated the said Agreement for Lease. The Respondent, contending that the termination was a nullity activated the arbitration clause in the Agreement for Lease and served a Notice of Arbitration on the 1st Appellant.
In a bid to preserve the res of the contest and the sanctity of the arbitration process, the Respondent instituted proceedings before the High Court of Oyo State by an Originating Motion in SUIT NO. M/345/2012: ARTEE INDUSTRIES LIMITED v. TOP SERVICES LIMITED and ANOR, wherein the following orders were sought:
1. AN ORDER of injunction, pending the hearing and determination of the arbitration regarding the arbitral dispute between the Applicant and the 1st Respondent, restraining the 1st Respondent, its officers, servants, agents or howsoever from offering for lease or accepting any offer for l…