Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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

(2017) JELR 57869 (HC)    

High Court  ·  SUIT NO. AB/04/17 ·  29 Mar 2017 ·  Nigeria

Ratio Decidendi

Core Terms Beta
court
suit
1st respondent
seat of arbitration
federal high court
nepza suit
originating motion
3rd respondents
mr. shasore san
anti-arbitration injunction
arbitral proceedings
nigerian court
singapore international arbitration centre
arbitration proceedings
attorney-general of ogun state
court of jurisdiction
following cases
joint venture agreement
uncitral arbitration rules
1st respondent’s motion
2nd ground
arbitration clause
dr. olumide ayeni
grounds of the application
high court
points of law
rules of ogun state
singapore international arbitration center
suit no. fhc
abuja judicial division
abusive use of the court process
arbitration no.
convenient place
court of a seat of arbitration
date of this agreement
grant of the injunction
high court law of ogun state
learned authors
lordships of the court of appeal
nigeria export
olasupo shasore san
physical place
point of law
professor gbolahan elias san
root of the case
rules of court
subject matter

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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