FABIAN ONYEJEKWE & ORS VS OBIORA ONYEJEKWE & ORS
June 27, 2025P. O. U. IYASE V UNIVERSITY OF BENIN TEACHING HOSPITAL MANAGEMENT BOARD
June 27, 2025Legalpedia Citation: (1999) Legalpedia (SC) 19143
In the Supreme Court of Nigeria
Fri Jun 25, 1999
Suit Number: SC.36/1993
CORAM
UWANI MUSA ABBA AJI
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
CITY ENGINEERING (NIGERIA) LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicant filed an action in court to compel the respondent to submit to arbitration and appoint arbitrators in accordance with their agreement without given a 7 days notice to the respondent to appoint an arbitrator before filing the action.
HELD
The court held that action was incompetent for failure to give the 7 days notice.
ISSUES
whether or not a valid and proper notice was given by the Applicant to the Respondent before applying to the High Court for the appointment of an arbitrator as required by section 6 subsection (1)(a) and (2) of the Arbitration Law of Lagos State.
RATIONES DECIDENDI
CASES CITED
NONE
STATUTES REFERRED TO
The Arbitration Law of Lagos State
