This is an interlocutory appeal against the ruling of the Federal High Court, Lagos delivered on 2811/2000 by Honourable Justice G.A.A.T. Jinadu in suit No. FHC/L/CS/640/98.

Briefly, in the High Court, the respondent as plaintiff claimed against the appel-lants as the defendants jointly and or severally the sum of $100,000 USD (One hundred thousand US Dollars) or its Naira equivalent being special and general damages for the loss of and or negligent damages by the defendants as common carriers and bailees for reward of 4, 535 bags of rice marked and numbered variously on bills of lading Nos. 1A, 1Band 1C shipped on board the defendant’s, vessel.

The plaintiff's claim was further elaborated in its statement of claim filed on 31/7/98. Upon being served with the plaintiff claim, the defendants through their counsel wrote the plaintiff's counsel requesting for copies of documents referred to in the statement of claim. Subsequent to getting the said documents and before taking any step in the proceeding, the defendants brought an application on 31/8/98 seeking to stay all proceedings in the suit pending reference to arbitration pursuant to sections 4(1) and 5(1) of the Arbitration and Conciliation Act, Cap. 19, Laws of the Federation, 1990 and under the inherent jurisdiction of the court. The application along with supporting affidavit and exhibits was premised on the fact that the bills of lading Nos. 1A, 1Band 1C all dated 13/3/98 had provided that any dispute arising under the bills shall be referred to arbitration in London.

In his ruling on the application the learned trial judge refused to grant the defendants prayer for a stay of all proceedings in the suit pending a reference the dispute between the parties to arbitration.

Being dissatisfied with the ruling, the defendants brought and obtained leave of this court on 24/1/2001 to appeal against the said ruling predicated on notice of appeal containing four grounds.