Facts
The Appellant and Respondent entered into a Master Services Agreement (“MSA”) and ancillary documentation, under which the Respondent allegedly provided expatriate manpower and technical services to the Appellant. Claiming that these services remained unpaid for, the Respondent commenced a debt recovery action under the Undefended List Procedure at the High Court of Rivers State (the “trial court”), seeking the sum of US$459,123.27 (Four hundred and fifty-nine thousand, one hundred and twenty-three United States Dollars and twenty-seven Cents), alongside post-judgement interest assessed at a rate of 10%. In response to the suit, the Appellant filed a notice of intention to defend and an application for stay of proceedings pending the conclusion of mediation or arbitration as stipulated in the dispute resolution clause of the MSA. The trial court found merit in the application and subsequently issued an order staying proceedings sine die. Dissatisfied with this ruling, the Respondent appealed to the Court of Appeal, eighty-six (86) days after the decision of the trial court.
