NATIONAL BANK OF (NIG) LTD. & ANOR V JOHN AKINKUNMI SHOYOYE & ANOR
August 6, 2025CHIEF KARIMU AJAGUNJEUN & ORS V SOBO OSHO OF YEKU VILLAGE & ORS
August 6, 2025Legalpedia Citation: (1977-05) Legalpedia (SC) 69311
In the Supreme Court of Nigeria
Fri May 20, 1977
Suit Number: SC. 466/1975
CORAM
FATAYI-WILLIAMS, CHIEF JUSTICE, NIGERIA
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
OBI OBEMBE (Trading as Messrs Obi Obembe and Associates)
APPELLANTS
WEMABOD ESTATES LIMITED
RESPONDENTS
AREA(S) OF LAW
LAW OF CONTRACT-ARBITRATION-SUBMISSION TO ARBITRATION
SUMMARY OF FACTS
The appellant entered in to contract with the respondents. The respondents dismissed the appellant from the contract so the appellant sued for payment on the quantum of work done and the respondents after filing their pleadings requested for a stay in the proceedings per the arbitration clause in the contract.
HELD
The court held that the appellant was entitled to the amount claimed because the appellant was not cross-examined on that point and that they were not entitled to a stay.
ISSUES
Whether the respondent was entitled to the grant of a stay of proceedings, when he had taken steps in the matter and taken part in the proceedings.
RATIONES DECIDENDI
PROCEDURE FOR APPLICATION FOR STAY
“In order to get a stay, a party to a submission must have taken no steps in the proceedings. A party who makes any application to the court even though it be merely an application for the extension of time, takes a step in the proceedings. Delivery of a statement of defence is also a step in the proceedings. PER FATAYI-WILLIAMS JSC
EFFECT OF A SUBMISSION TO ARBITRATION
An agreement to submit a dispute to arbitration does not oust the jurisdiction of the court. Therefore either party to such an agreement may before a submission to arbitration or an award is made, commence legal proceedings in respect of any claim or cause of action included in the submission. Where however there is a provision in the agreement for submission to arbitration, the court has jurisdiction to stay proceedings by virtue of its power under the arbitration act.”PER FATAYI-WILLIAMS JSC
CASES CITED
1. SCOTT V. AVERY (1856) H.L CAS 81
2. HARRIS V. REYNOLDS (1845) 7 QB 71
3. WEST LONDON DIARY SOCIETY (LTD) V. ABBOT (1861) 44 LT 376
4. DOLEMAN &SONS V. OSSETS CORPORATION (1912) 3 KB (CA) 257
5. HASTING V. NIGERIA RAILWAY CORPORATION (1964) LAGOS HIGH COURT REPORTS 135
6. DOOBAY &ORS V. MOHABEER (1967) 2 ALL ER 760
7. BOSHALI V. ALLIED COMMERCIAL EXPORTS LTD (1961) ALL NLR 912
STATUTES REFERRED TO
ARBITRATION ACT CAP 13 LAWS OF THE FEDERATION
