Facts:

On the 15th March 2018, the Federal High Court (lower court), sitting at Lagos, heard an application, by way of originating motion, of the respondent for the appointment of an arbitrator for the appellant. The appellant opposed the application on the ground that the lower court had no right to assume jurisdiction in light of the fact that Exhibit Mil 1 – Memorandum of Understanding (MOU) was dead, and that an arbitration clause cannot exist in the face of total death or expiration of an entire agreement. Upon hearing arguments of both parties, the lower granted the application of the respondent.
The appellant was dissatisfied with the decision by the lower court and so brought an appeal against the same.