Minaj Systems Limited V. Global Plus Communication & Ors (2010)

LawGlobal-Hub Lead Judgment Report

HUSSEIN MUKHTAR, J.C.A.

The applicant has applied by a motion on notice for the following reliefs:

1)An order for extension of time in which to apply for leave to appeal against the ruling delivered by the Hon Justice Onigbanjo in the High Court of Lagos State on 10th March, 2009.

2) An order for leave to appeal against the ruling of the High Court of Lagos State delivered by the Hon Justice Onigbanjo on 10th March, 2009.

3) An order for extension of time in which to appeal against the ruling of the High Court of Lagos State delivered by the Hon Justice Onigbanjo in the High Court of Lagos State on 10th March, 2009.

4) An order deeming as properly filed and served the Notice of appeal filed herein.

5) An order of injunction restraining the respondents from continuing or howsoever proceeding with the arbitration proceedings further to the decision of the lower court referring the matter to arbitration, pending the hearing and determination of this appeal.

OR IN ALTERNATIVE

G) An order staying execution of the order of Honourable Justice S. A. Onigbanjo dated 10th March, 2009 pending the determination of the appeal.

7) And such further order(s) as this Honourable Court may deem fit to make in the circumstances of this suit.

GROUNDS FOR THE RELIEFS SOUGHT

a) The applicants application for leave to appeal filed at the court below could not be heard within the prescribed time of 14 days.

b) The decision sought to be appealed against is interlocutory and involves issues of mixed law and facts.

c) The appeal challenges the competence of the orders made by the lower court referring the matter to arbitration and directing parties to appoint an arbitrator within 7 days.