Facts:

The respondent was found to have embezzled the sum of N4,301,010.00 (Four Million Three Hundred and One Thousand, Ten Naira) as a paid secretary of the appellant. Subsequently, upon his admission of the allegation the respondent made a promissory note on 20th December 2012 to pay N1,000,000.00 (One Million Naira) by April/May 2013.

However, due to the respondent’s failure to honor the promissory note, the appellant instituted an action against the respondent. At the end of trial in the said suit, the trial Court dismissed the suit for lack of jurisdiction. The said decision was not appealed by the appellant, instead, the appellant applied to the Director of Cooperative Services, Ekiti State to settle the dispute between the appellant and the respondent in accordance with Section 52 of the Cooperative Societies Law of Ekiti State 2012.

Based on the appellant’s letter, the Director of Cooperatives sent out an Arbitration notice to both parties. While the appellant honored the Arbitration notice, the respondent neglected the notice and refused to submit himself to the Arbitration Panel on two occasions.

Following default of the respondent’s appearance at the arbitration proceeding, an Arbitral Award was made in favour of the appellant at the end of the Arbitration process,

In accordance with Part VIII Section 52(7) of the Cooperative Societies Law of Ekiti State 2012, the appellant instituted a suit leading to this appeal by a Motion on Notice dated 15th May, 2017 seeking the following to enforce the award. In response, the respondent filed a Counter-affidavit. The appellant then filed a further and better affidavit.

The lower Court however dismissed the appellant’s motion in its ruling on grounds that there is still a subsisting judgment on the subject matter which struck out an earlier suit of the appellant for want of jurisdiction.

Dissatisfied with the decision of the trial court, the appellant appealed to the court of appeal contending against the decision of the trial court.