Facts:

The Appellant and the Respondent entered into a Co-operation Agreement on 15th November 2005, to provide visa application, processing and documentation services to applicants for visas from the High Commission of the Government of the United Kingdom in Nigeria. The Appellant had been awarded the said contract by the High Commission of the United Kingdom and had entered into the Co-operation Agreement with the Respondent in order to provide the services. The parties mutually understood that the Co-operation Agreement was subject to the existence of the head Agreement with the High Commission. The Co-operation Agreement provided that if any dispute arose between the parties, it would be submitted to arbitration which shall be governed by Nigerian Law. See clauses 35 and 36 of the Co-operation Agreement. By letter dated 3rd April 2007, the British High Commission terminated its contract with the Appellant effective from 14th April 2007. Consequently, the Appellant wrote a letter to the Respondent on 6th April 2007 informing it of the termination of the Co-operation Agreement effective from 13th April 2007.

The Respondent thereafter filed a suit at the Federal High Court, Lagos against the Appellant and its affiliate company, VFS Global Services PVT Limited. The court granted some interim orders against the Appellant. The said court subsequently declined jurisdiction, set aside the orders and dismissed the suit. The Respondent, after the dismissal of its suit, served a notice of arbitration on the Appellant for the purpose of referring the dispute between the parties to arbitration. The Appellant, however, rejected the said notice and rather filed an originating summons at the Lagos High Court seeking judicial interpretation of the position of the parties. The trial court answered the questions submitted for determination by the Appellant in the negative and in favour of the Respondent. The court affirmed the Respondent’s right to revert to arbitration.

Being dissatisfied with the decision of the trial court, the Appellant appealed to the Court of Appeal (lower court) against the same. The Respondent filed a preliminary objection to the Appeal on the ground that the Appeal was incompetent. The lower court upheld the Respondent’s preliminary objection and struck out the originating summons and the accompanying processes filed at the trial court. The court also set aside the Judgment of the trial court.

Further dissatisfied, the Appellant appealed to the Supreme Court.