Facts:

The respondent filed a suit against the appellant via the Undefended List procedure at the Federal High Court, Lagos Division. The respondent and appellant were parties to an agreement which contained an arbitration clause. After being served with the originating process, the appellant responded to it by filing an application seeking an order of the court to stay proceedings pending reference to arbitration pursuant to the agreement executed by the parties. After hearing the parties on the appellant’s application, the court dismissed same and went ahead to raise an issue suo motu but did not grant the parties the opportunity to address it on the issue. The appellant was dissatisfied with the decision of the court and
consequently filed a Notice of Appeal at the Court of Appeal, Lagos Division urging the court to set aside the ruling.

One of the issues raised for determination was whether the lower court was right in raising an issue suo motu in the course of delivering it ruling without affording the parties opportunity to address it on the issue.