TRANSNATIONAL CORPORATION OF NIGERIA PLC. V. ANKOR POINTE INTEGRATED LIMITED

AMINA ADAMU AUGIE, J.C.A. (Delivering the Lead Ruling): The applicant has a pending appeal in this Court against the decision of the Federal High Court in Suit No. FHC/L/CS/448/2010, and is praying this Court for leave to raise and argue a fresh issue in the appeal, to wit,

"whether the lower court properly exercised jurisdiction to appoint an arbitrator when a condition precedent for the exercise of that jurisdiction had not been fulfilled"; leave to amend its original notice of appeal; and extension of time within which to file its brief of argument in the appeal.

The grounds upon which the application is brought are as follows -

a. A condition precedent to arbitration under Clause 13 of the purported memorandum of understanding between the parties is that the parties must have failed to resolve their disputes (if any) in a negotiation initiated by either party by written invitation. In utter neglect of the above condition precedent, the respondent purported to commence arbitration pro…