MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Federal High Court Abuja Division, presided over by Honourable Justice I. N. Auta, dated the 20th of July, 2010, refusing to strike out suit number, FHC/ABJ/CS/406/09 for jack of jurisdiction, see pages 234 to 253 of the record of appeal filed on the 11th of October, 2010.
This appeal is decided on the briefs of the appellant and the 2nd respondent by leave of Court obtained on the 30th of March, 2015.
FACTS IN BRIEF:
The appellant after being served with a writ of summons of the respondents filed a motion on notice on the 30th of July, 2009 along with a written address of counsel, see pages 120 to 128; while the Memorandum of Appearance under protest is on pages 118 to 119 of the record of appeal. The appellant's grounds of objection are as follows:
1. That there is an Arbitration clause in the contract of agreement and by virtue of Section 5 of the Arbitration Act, 2004…