PROCTER AND GAMBLE NIG. LTD. V. NWANNA TRADING STORES LTD.
(2003) JELR 54029 (CA)
Court of Appeal
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CA/A/54/M/2002
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31 Mar 2003
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Nigeria
Coram
IBRAHIM TANKO MUHAMMAD, JCA (Presided) ZAINAB ADAMU BULKACHUWA, JCA ALBERT GBADEBO ODUYEMI, JCA (Read the Lead Ruling)
Appearances
A. Osinbajo, Esq. - for the Applicant.
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Ibrahim Isiyaku, Esq. - for the Respondent.
Judgement
<p><strong> ODUYEMI, JCA (Delivering the Lead Ruling): </strong> It would appear from the certified true copy of the judgment - exhibit A annexed to the affidavit in support of the application for leave to appeal filed in this court on 24th October, 2002 that following an action instituted by the respondent against the applicant and one other person in the Minna Judicial Division of the High Court of Niger State - Suit No. NSHC/MN/25/2001, the appellant/ applicant filed a notice of preliminary objection against the action and sought from the said High Court reliefs which included a stay of proceedings in the suit in that court. It would also appear that the grounds of the objection include: one that the subject matter of the suit arose from an agreement which contained provision for arbitration in the event of a dispute between the parties and, accordingly, enabled the defendant to seek the relief of stay of proceedings in accordance with the provisions of sections 4 and 5 of the Arbitration and Concilia…</p>