PRINCE SOLOMON AYANTUGA & ANOR. V. OTUNBA JULIUS OLAPEJU ADEDOYIN

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered by Olopade, J. while sitting at Sagamu Judicial Division of the Ogun State High Court of Justice on the 5th day of July, 2001. In the judgment, the learned trial judge ordered that Muyiwa Obanewa Esq. shall be and is hereby appointed Arbitrator under the Partnership Agreement between the parties herein dated 1st day of January, 1996'.

It is apt to assemble the relevant facts leading to this appeal. The Respondent, the Appellant and the third party signed an agreement on 1st January, 1996 by which they entered into a business partnership. The Agreement is Exhibit 'A' referred to in the affidavit of the plaintiff who is the Respondent herein in support of the Originating Summons.

The terms of the Deed freely executed by the parties included, inter alia, a provision for arbitration in case of a disagreement among the parties. The Respondent was to provide the capital to finance…