Facts:

The appellant and respondent had a tenancy relationship. The appellant was the landlord, and the respondent was the tenant. There was an arbitration clause in their deed of lease to the effect that disputes were to be referred to the sole arbitrator appointed by the President, Chartered Institute of Arbitration, London, Nigeria Chapter.

A dispute arose between the parties wherein the appellant activated the arbitration clause and wrote to the Chairman Institute of arbitrators (UK) Nigeria Branch, to appoint an arbitrator. To that, Mrs. Olusola Adegbonmire was appointed the sole arbitrator.

The arbitrator invited the parties for a preliminary meeting, however, the respondent challenged her appointment but later withdrew it at the commencement of the meeting. The arbitral proceedings continued and a final award was granted in favour of the appellant.

The appellant applied to the trial court for enforcement of the award but the respondent filed an objection seeking to set aside the arbitral proceedings. The trial court in its final decision granted judgment in favour of the appellant.

Aggrieved, the respondent appealed to the Court of Appeal. The lower court in its final decision unanimously allowed the appeal and set aside the arbitral proceedings.

Dissatisfied with the decision of the court below, the Appellant appealed to the Supreme Court.