ADEOYE MAGBAGBEOLA V. TEMITOPE SANNI

ADEREMI, J.C.A. (Delivering the Leading Judgment): The respondent who was the claimant in the court below, (High Court Lagos, Lagos Division) Coram Rhodes - Vivour, J. had brought an application pursuant to section 7 (2) (b) of the Arbitration and Conciliation Act, Cap. 19, Laws of the Federation of Nigeria, 1990 for the appointment of a sole arbitrator pursuant to clause 17 of the Partnership Agreement dated 7th November, 1999, which is in the following terms:

"All disputes between the partners in relation to any matter whatsoever touching the partnership affairs or the construction of this agreement whether before or after the determination of the partnership shall be referred to an arbitrator."

The appellant who was the respondent in that court filed a notice of preliminary objection on 22nd May, 2000 challenging the jurisdiction of the court below to entertain the suit on the ground, according to him, that the dispute concerned the running of a company incorporated under CAMA 1990…