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KWARA STATE WATER CORPORATION & Ors v. AIC NIG. LTD & Anor

(2008) JELR 47554 (CA)

Court of Appeal  •  CA/IL/14/2007  •  10 Dec 2008  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA IGNATIUS IGWE AGUBE JCA CHIMA CENTUS NWEZE JCA

Judgement

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): The first respondent here-in [plaintiff at the lower court] took out a writ of summons at the Federal High Court holden at Ilorin against the appellants [defendants at the lower court] claiming certain declaratory and injunctive reliefs.

Sequel to the settlement of pleadings, the first respondent [as plaintiff] beseeched the court with an application for an order of stay of proceedings and a reference to arbitration.

The lower court [coram Olayiwola J] granted the reliefs prayed for: it entered an order staying the proceedings. In consequence, it granted the parties the indulgence to explore a resolution of their differences through arbitration. The defendants were dissatisfied with the outcome of that application, hence this appeal. They formulated three issues for the determination of this court.

The first respondent greeted the Notice of Appeal with a preliminary objection, praying for:

An order striking out grounds (sic…

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