Facts:

The Appellant entered into a Master Services Agreement and ancillary documentation pursuant to which the respondent claimed to have rendered expatriate manpower and technical services to the appellant, which services according to the respondent remained unpaid.

The respondent initiated proceedings at the High Court of Rivers State, sitting in Port Harcourt, the action was initiated under the Undefended List, claiming the sum of Four Hundred and Fifty-Nine Thousand, One Hundred and Twenty Three United States Dollars and Twenty-Seven Cents (US$459,123.27) being outstanding contractual payment, together with post-judgment interest assessed at the rate of 10%. On the 25th day of January 2017, the appellant reacted by fi ling a notice of intention to defend along with a motion for stay of proceedings pending reference to arbitration pursuant to an alleged arbitration clause incorporated in the text of the contract documents.

The learned trial Judge granted the appellant’s application, stayed proceedings, and adjourned the matter sine die to await the outcome of arbitration. The respondent, dissatisfied with that decision, appealed to the Court of Appeal, Port Harcourt Division. The appellant, in turn, raised preliminary objection to the competence of the appeal before the lower court, contending that it was an interlocutory appeal caught by the 14-day time limit under section 24 of the Court of Appeal Act. Court of Appeal however, dismissed the preliminary objection, and held that the ruling delivered by the trial court was a final decision on the issue of jurisdiction, and proceeded to determine the substantive appeal on its merits. In its judgment delivered on 2nd day of August 2019, the court below allowed the appeal, set aside the ruling of the trial court, and remitted the case to the Honourable Chief Judge of Rivers State for reassignment to another Judge, there to be heard and determined.

Further dissatisfied with the decision of the Court of Appeal, the appellant appealed to the Supreme Court.