MILAN (INDUSTRIES) NIGERIA LTD VS TREVI FOUNDATIONS NIGERIA LTD

CORAM

JOSEPH SHAGBAOR IKYEGH, JUSTICE, COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, JUSTICE, COURT OF APPEAL

EBIOWEI TOBI, JUSTICE, COURT OF APPEAL

PARTIES

MILAN (INDUSTRIES) NIGERIA LTD

APPELLANTS

TREVI FOUNDATIONS NIGERIA LTD

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Claimant/Respondent instituted an action at the trial court against the Defendant/Appellant seeking several reliefs among which were a claim for payment for work done. The Defendant/Appellant by a motion sought for stay of proceedings for the matter to be referred to a sole arbitrator and same was granted. The matter was referred to the Lagos State Multi Door Court House for arbitration by a sole arbitrator. The arbitrator declined jurisdiction to arbitrate on the matter since the condition precedent for the arbitration to be conducted had not been fulfilled. Subsequently, the Respondent filed another application seeking for an order to refer the matter to the Lagos State Multi- Door Court, before a sole arbitrator and to the same Multi Door court house which had declined jurisdiction earlier. The application was granted. Dissatisfied with the ruling, the Appellant has appealed to this court on grounds that the suit is incompetent as the writ was not signed by a legal practitioner as required by law, also that the order of the lower court staying the proceeding is still subsisting as it had not been set aside hence, the lower court is functus officio over the issue covered in the latter motion. The Respondent did not file any brief of argument or any process.

HELD

Appeal Allowed

ISSUES

Whether the Respondent’s suit at the court below was competent having regard to the fact that the writ of summons was not signed by a qualified legal practitioner. Whether the court below was functus officio with respect to making an order referring the suit to arbitration. Whether under the Arbitration and Conciliation Act, Cap A 18, LFN, 2004, leave of court is required to refer a suit to arbitration save in circumstances prescribed in Sections 4 and 5 thereof.