ZENITH GLO. MERCHANT LTD
V.
Z.I.I. (NIG.) FZE

(2017) JELR 57869 (HC)

High Court 29 Mar 2017 Nigeria
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- The applicant sought to restrain the parties from participating in an arbitration proceeding while a related lawsuit was pending. - The 1st respondent argued that the lawsuit was not filed by the appropriate procedure and that the court l

Case Details

Suit Number:SUIT NO. AB/04/17
Counsel:Anibaba (with him, Miss E. Adeniyi) - for the Applicant. -*- Prof. G. Elias SAN (with him, K. Lawal) - for the 1st -*- Respondent. -*- Dr. O. Ayeni (with him, Oterigbabun Ebore, Esq. and O. Oduniyi, Esq.) - for the 2nd and 3rd Respondents.

AKINYEMI J. (Delivering the Judgment): By originating motion dated 5 January 2017, the applicant sought the following relief:

“An order restraining the parties in this suit whether by themselves or through their agents, servants, privies, assigns, representatives or anybody whatsoever from seeking and or continuing with any step, action and or participate directly or indirectly in the arbitral proceedings between the parties to wit: Singapore International Arbitration Centre (“SIAC”) Arbitration No. 300 of 2016 under the UNCITRAL Arbitration Rules (with new article 1, paragraph 4 as revised in 2013) (“ARB300/16/JCL”)”.

The grounds of the application as stated on the motion paper are as follows:

1. The 1st respondent has waived its right to arbitration by instituting suit No. FHC/ABJ/CS/601/2016: Zhongfu International Investment (NIG) FZE v. (1) Nigeria Export Processing Zones Authority; (2) Attorney-General of Ogun state; and (3) Zenith Global Merchant Limited, to litigate the di…

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