Case Review KANO STATE OIL AND ALLIED PRODUCTS LIMITED VS KOFA TRADING COMPANY LIMITED (1996) 3 NWLR Pt 436, 244; (1996) 2 SCNJ 325

Abstract

This case turned inter alia, on the very basic issue of commencement of proceedings. However, it went through the hierarchy of courts and ended with the Supreme Court decision that a motion on notice is appropriate for initiating proceedings for appointment of an arbitrator in the High Court.

In coming to this conclusion, in his lead judgement, His Lordship Ogundare JSC considered Section 6(2) of the Arbitration Law of Kano State (Cap. 7 Laws of Northern Nigeria 1963), which provides — If the appointment is not made within seven days after the service of the notice, the court or judge may on application by the party who gave notice, appoint an arbitrator ..." The operative words are therefore to the effect that the party who gave notice the matter to court, it should be an originating application.