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Solel Boneh Nigeria Ltd. v. Canitec Int’l Coy
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1 × ₦300
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Wema Bank Plc v. Alhaji Idowu Fasasi Solarin Osilaru
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1 × ₦300
₦300
In Stock
Facts:
In September 2013, the 1st respondent entered into a joint venture agreement
(JVA) with the 2nd respondent and the applicant whereby the Ogun Guangdong
Free Trade Zone Limited (OGFTZ) was created. The 1st respondent held 60% of
the shareholding interest while the 2nd respondent and the applicant held 20%
each. The 1st respondent was appointed the manager of the company. However, in
May 2016, the 2nd respondent terminated the participation of the 1st respondent
and ordered it to vacate the site and hand over all the company’s assets in its
possession to the applicant. The 1st respondent was aggrieved and filed an action
at the Federal High Court, Abuja against the 3rd respondent, the applicant and the
Nigeria Export Processing Zones Authority (NEPZA) which is the Federal Agency
vested with the regulatory authority over Free Trade Zones.
The JVA however, provided for resolution of any dispute by arbitration. Having filed
its action at the Federal High Court, Abuja the 1st respondent proceeded to initiate
arbitration proceedings before the Singapore International Arbitration Centre (SIAC)
pursuant to the arbitration clause in the JVA. After being served with the notice of
arbitration, the applicant by originating motion filed at the Ogun State High Court,
sought an order restraining the parties in the suit from participating either directly
or indirectly in the arbitral proceedings initiated by the 1st respondent. The applicant
posited that the 1st respondent is estopped from referring the matter to arbitration
having waived its right by instituting an action at the Federal High Court, Abuja.
The 1st respondent responded to the application of the applicant by filing a motion
on notice seeking to dismiss the applicant’s application. The motion was predicated
on the grounds that the procedure adopted by the applicant was inappropriate and
that the court lacked the requisite jurisdiction to grant the relief sought by the
applicant.