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OBASEKI, JSC (Delivering The Leading Judgment): The short point in this appeal is whether the appellant is entitled to have proceedings in the claim before the High Court stayed pending its reference to an arbitrator and the hearing and determination of the arbitration.
The appellant's brief gave a brief genesis of this action when it reads:
"The suit arose out of a contract agreement Exhibit "A" entered into on 19th July, 1981 between the respondent on the one hand and a Yugoslavian duly incorporated company called SOUR FAP-Farnos Beograd. The contract agreement incorporated in Article seven (7) reference to arbitration in the event of "any dispute that may arise from this agreement." As at the time the respondent took out the writ, no reference was made to arbitration. Thereupon, the appellant filed the objection in limine aforementioned."
The preliminary points of objection raised by the appellant before the High Court of Justice, Borno State of Nigeria, holden at Maiduguri are as…