The conditions for the grant of stay of proceedings pending Arbitration under Nigerian Law: Revisiting Mekwunye v Lotus Capital Ltd

In this paper, our Partner, Olasupo Shasore, SAN and Senior Associate, Orji A. Uka examine the controversy surrounding the condition(s) for the grant of stay of proceedings pending arbitration under Nigerian law.

In particular, they interrogate the Court of Appeal’s decision in the case of Mekwunye v. Lotus Capital Ltd and highlight the error in the Court of Appeal’s decision. In the final analysis, they propose a better view that accords with extant applicable law.the Court of Appeal’s decision in the case of Mekwunye v. Lotus Capital Ltd and highlight what we believe is the error in the Court of Appeal’s decision.

In the final analysis, we propose a better view that accords with extant applicable law.