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MR. ADEOYE MAGBAGBEOLA V. MR. TEMITOPE SANNI

(2005) JELR 45323 (SC)

Supreme Court  •  SC.330/2001  •  29 Apr 2005  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; DAHIRU MUSDAPHER JSC;

Judgement

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): The respondent Temitope Sanni who was the claimant in the Lagos State High Court had on 28th March, 2000 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 relationship 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 Adeoye Magbagbeola who was the respondent in that court filed a notice of preliminary objection on 22nd May, 2000 challenging the jurisdiction of the High Court of Lagos State to entertain the matter on the following grounds:

"(i) The originating summons is to appoint an arbitrator over a d…

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