CaseLaw
Shell Trustees (Nig.) Ltd V. Imani & Sons (2000) CLR 6(b) (CA)
Brief
Facts
Appellant and respondent entered into a joint venture agreement for the sole purpose of the development of a property in Abuja.
A dispute arose between the parties and the respondent filed an action at the High Court of the Federal Capital Territory Abuja claiming against the appellant a declaration that by virtue of the agreement, the appellant was bound to finance the project to completion and a declaration that the respondent is entitled to acquire 40% equity share in the project and an injunction amongst several others under suit FCT/HC/CV/173/97.
Appellant aggrieved by some favourable orders given to respondents, applied to the court to set aside the orders since their agreement had an arbitration clause, which was overlooked.
On appeal, the Court of Appeal discharged the ex-parte orders and referred the matter to arbitration.
On appeal, the Court of Appeal discharged the ex-parte orders and referred the matter to arbitration.
Upon arbitration, the arbitrator made awards which the respondent approached the High Court, Abuja for to enforce the award.
The appellant then filed an application at the High Court of Lagos State to challenge the arbitral award. And later filed a preliminary objection at the High Court Abuja numbered FCT/HC/CV/M/221/98. The appellant did not file a counter-affidavit to the respondent's application.
The court dismissed the preliminary objection and granted the respondent's application insisting on enforcing the award.
The appellant aggrieved appealed to the Court of Appeal.