Facts:

This is an appeal against the judgment of the Court of Appeal sitting in Lagos, delivered on the 1st of March 2013, Coram: Ibrahim Mohammed Musa Saulawa, JCA (as he then was), J. S. Ikyegh and R.N. Pemu, JJCA.
The 1st respondent as Claimants in the trial court, via a writ of summons and statement of claim, sued the Appellants and 2nd respondent as Defendants in the High court of Lagos state, for the recovery of an outstanding debt which was allegedly owed to it by the appellant. In the pleadings, the Appellants contended that they were not owing the 1st Respondent any money as it claimed, and that Chief Ladi Williams SAN, is the alter ego and the directing mind of the 1st Respondent, and had by an agreement with the Appellant acknowledged that he had no claims whatsoever against the 2nd Respondent.
The Appellants further to the above-mentioned suit brought an interlocutory application before the trial court for a stay of proceedings, pending arbitration, pursuant to sections 4 and 5 of the Arbitration and Conciliation Act, Cap. A18, Laws of the Federation 2004, in view of the arbitration clause in an agreement exhibited in the application before the trial court.
The trial court upon consideration of the arguments of counsel fixed the ruling on the application on the 6th of July, 2007, on which date the trial court failed to deliver the said ruling. That ruling was eventually delivered on 26th July 2007 which fell within the period of the Court’s Annual Recess. In the said ruling, the trial court dismissed the application for stay pending arbitration and refused to stay proceedings.

The Appellant being aggrieved, appealed to the Court of Appeal, seeking to set aside the ruling of the trial court on the ground that the ruling was delivered during the court vacation, among other grounds. The Court of Appeal in this light struck out the appeal, and the Appellant still not satisfied with the decision of the Court of Appeal, further appealed to the Supreme Court.