An estate firm has approached a High Court of the Federal Capital Territory (FCT) for leave to enforce the final arbitration judgement against one Ashiekaa Teryila.
According to documents obtained by LEADERSHIP, the applicants are specifically asking the FCT High Court to adopt the arbitration conclusion as its judgement in resolving the dispute between the claimants and the respondent.
The applicant said the request is in line with the Supreme Court verdict, citing a case of Okey Jim Nwagbara v. Jadcom Limited (2021), where the apex court held that “An arbitral award is a final and conclusive judgement on all matters referred to arbitration, and the courts are enjoined to uphold and enforce arbitral awards having regard to the fact that arbitration is a mode of dispute resolution voluntarily agreed upon by the parties.”
The motion marked M/867/2025 was to enable the claimants to recover vacant possession of a property and accrue profits from the Defendant/Respondent as wall damages for breach of contract.
According to the documents, the property, located at No. 12, Bujumbura Street, Wuse 2, Abuja, was leased to the defendant/ respondent for two years (1 May 2019—30 April 2021) at an annual rent of N13 million.
The claimants/ applicants, Fervent Brothers Limited and Mr Lewis Innih, had dragged the defendant/ respondent, Mr Ashiekaa Daniel Teryila, over the alleged failure to renew payment for the said apartment and also refusal to vacate the said apartment upon expiration of the two-year rent.
However, upon discovering an arbitration clause attached to the lease agreement, the FCT High Court subsequently ordered parties to explore arbitration to resolve the matter.
In a 15-paragraph affidavit deposed in support of the application for leave to enforce the final arbitration award, claimants submitted that, in compliance with the FCT High Court, the parties navigated arbitration at the Abuja Multi Door Courthouse after jointly appointing a Sole Arbitrator, Miriam S Kombo-Ezeh.
The second claimant/ applicant, Lewis Innih, who deposed to the affidavit, said that on January 15, 2025, the Final Award was made and published by the said Arbitrator in favour of the claimants.
“In the said Final Award, the respondent was found liable to the claimant and ordered to Pay all outstanding bills on the property, vacate and surrender vacant possession of the demised property to the claimants within a month from the date of publication of the Award, inter alia”, the applicants said.
The applicants argued that the court’s order is necessary to recognise and enforce the Final Award rendered by the Arbitrator on January 15, 2025, thereby ending this protracted matter.
The Arbitration Clause 27, which guided the lease agreement, stipulates that “Any dispute, controversy of a claim arising out of or relating to the present lease or the breach, termination or invalidity thereof, shall unless it is settled amicably by negotiation or agreed mode of settlement, be settled by arbitration at the request of either party.
“Such arbitration shall be governed by the Arbitration and Conciliation Act, Laws of the Federation of Nigeria 2004.”
The deponent further disclosed that the parties had agreed that the arbitrator shall be approved by the chairman of the Chartered Institute of Arbitrators, Nigeria Branch, and the parties shall be bound by any arbitration award rendered under this clause as the final adjudication of dispute, controversy or claim.
They claimed that the problem started upon the expiration of the Lease on April 30, 2021, when the respondent failed to vacate from the property and did not renew same, “whereupon he became a tenant-at-will entitled to seven days notice to quit and subsequent seven days to tenant of owner’s intention to apply to court to recover possession.
“The said notices were served on the respondent, but he continues to hold over and detain the said property from the -1st claimant for over three years now and still counting. He also breached other clauses in the Lease Agreement.”
They, therefore, sought an order of the court, “recognising as binding the Final Award dated January 15, 2025, made by Miriam S. Kombo-Ezeh Esq of the Abuja Multi-Door Courthouse, Gudu, Abuja, the Sole Arbitrator in the Arbitral proceedings between Fervent Brothers Limited & Mr Lewis Innih Another V. Mr Ashiekaa Daniel Teryila.
“An order of the court granting leave for the enforcement of the said Final Award dated January 15, 2025, made by Miriam S. Kombo-Ezeh of the Abuja Multi-Door Courthouse, Gudu, Abuja, the Sole Arbitrator in the Arbitral proceedings between Fervent Brothers Limited & Another V.Mr. Ashiekaa Daniel Teryila, in the same manner as a Judgement of this Honourable Court”.
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