An estate firm has approached a High Court of the Federal Capital Territory (FCT) for leave to enforce the final judgement of an arbitration against one Ashiekaa Teryila.
Specifically, the applicants are asking the FCT High Court to adopt the conclusion of the arbitration as its own judgement in resolving the dispute between the claimants and the respondent.
This, the applicant said is in line with Supreme Court verdict.
Citing the case of Okey Jim Nwagbara v. Jadcom Limited (2021), the applicants averred that the apex court held that “An arbitral award is a final and conclusive judgement on all matters referred to arbitration and the courts are enjoined to uphold and enforce arbitral awards having regard to the fact that arbitration is a mode of dispute resolution voluntarily agreed upon by the parties”.
The motion marked: M/867/2025, was to enable the claimants recover vacant possession of a property and accruing mesne profits from the Defendant/Respondent as well as damages for breach of contract.
The said property located at No. 12, Bujumbura Street, Wuse 2, Abuja, was leased to the defendant/ respondent for a period of two years (1st May, 2019 — 30th April, 2021) at the annual rent of N13 million.
The claimants/ applicants, Fervent Brothers Limited and Mr Lewis Innih had dragged the defendant/ respondent, Mr. Ashiekaa Daniel Teryila, over alleged failure to renew payment for the said apartment and also refused to vacate the said apartment upon expiration of the two years rent.
However, upon discovery of an arbitration clause attached to the lease agreement, the FCT High Court subsequently ordered parties to explore arbitration in resolving the matter.
In a 15 paragraph affidavit deposed in support of the application for leave for the enforcement of final award of arbitration, claimants submitted that in compliance of the FCT High Court, the parties navigated arbitration at the Abuja Multi Door Courthouse after jointly appointing a Sole Arbitrator Miriam S Kombo-Ezeh.
The second claimant/ applicant, Lewis Innih, who deposed to the affidavit, said that on January 15, 2025 the Final Award was made and published by the said Arbitrator in favour of the Claimants.
“In the said Final Award, the respondent was found liable to the claimant and ordered to: Pay all outstanding bills on the property, vacate and surrender vacant possession of the demised property to the claimants within a month from the date of publication of the Award, inter alia”, the applicants said.
Claimants argued that the order of the court is necessary for the recognition and enforcement of the Final Award rendered by the Arbitrator on January 15, 2025 and thereby bring an end to this protracted matter.
The Arbitration Clause 27 which guided the lease agreement stipulates that, “Any dispute, controversy of claim arising out of or relating to the present lease or the breach, termination or invalidity thereof, shall, unless it is settled amicably by negotiation or agreed mode of settlement, be settled by arbitration at the request of either party.
“Such arbitration shall be governed by the Arbitration and Conciliation Act, Laws of the Federation of Nigeria 2004”.
The deponent further disclosed that the parties had agreed that the arbitrator shall be approved by the Chairman of the Chartered Institute of Arbitrators, Nigeria Branch, and the parties shall be bound by any arbitration award rendered under this clause as the final adjudication of dispute, controversy or claim.
They claimed that problem started upon the expiration of the Lease on April 30, 2021, when the respondent failed to vacate from the property and did not renew same, “whereupon he became a tenant-at-will entitled to seven days notice to quit and subsequent seven days to tenant of owner’s intention to apply to court to recover possession.
“The said notices were served on the respondent but he continues to hold over and detain the said property from the -1st Claimant for over three years now and still counting. He also breached other clauses in the Lease Agreement.
They therefore sought an order of court, “recognizing as binding the Final Award dated January 15, 2025, made by Miriam S. Kombo-Ezeh Esq of the Abuja Multi Door Courthouse, Gudu, Abuja, the Sole Arbitrator in the Arbitral proceedings between Fervent Brothers Limited & Mr Lewis Innih Another V. Mr. Ashiekaa Daniel Teryila.
“An order of court granting leave for the Enforcement of the said Final Award dated January 15, 2025, made by Miriam S. Kombo-Ezeh of the Abuja Multi Door Courthouse, Gudu, Abuja, the Sole Arbitrator in the Arbitral proceedings between Fervent Brothers Limited & Another V.Mr. Ashiekaa Daniel Teryila, in the same manner as a Judgement of this Honourable Court”.