Facts:

This appeal is against the judgment of the Federal High Court, Lagos Division delivered striking out the suit for lack of jurisdiction to determine academic issues in respect of the enforcement of an arbitral award between the same parties which had been set aside in an earlier judgment delivered by the same lower court in another suit. Prior to delivering its judgment in this suit, the lower Court had delivered judgment in another suit filed earlier in time by the Respondent (who was the Applicant in that suit) setting aside the same arbitral award between the same parties. The Appellant herein was the Respondent in the suit earlier initiated by the Respondent. The lower Court found that this suit was solely seeking to enforce the same arbitral award which the Court had already set aside in the earlier suit.

Consequently, the Court found that this suit had become spent and/or academic as there was no longer any live issue for the Court to determine in respect of the enforcement of the same arbitral award. The Court then struck out this suit for lack of jurisdiction to determine an academic suit.

Aggrieved by the decision of the trial court, the Appellant by a notice of appeal, appealed to the Court of Appeal (lower court). The Respondent filed a notice of intention to rely upon a Preliminary Objection that the lower court lacks jurisdiction to hear this Appeal as the notice of appeal was not served on the Respondent personally.