MICHAEL EKUNDAYO OGUNDARE, J.S.C. (Delivering the Leading Judgment): It has always been thought that proceedings by way of arbitration is a quick way to resolution of disputes between contracting parties, when compared with the tardy proceedings of a law court. This case appears to cast some doubt on the truism of this belief.
The parties to this appeal entered into a building contract on 13th April, 1983 by which the Respondent as Contractor, contracted to erect for the Appellant, as Employer two-storey blocks of 6 flats together with out-houses at Plot 7 Parkview Estate Ikoyi Lagos. Before the completion of the building, a dispute arose as a result of which the appellant terminated the contract on 24th March, 1984. The dispute was referred by the parties, to an arbitrator, Dr. T. M. Aluko, an acknowledged civil engineer of no mean repute. Dr. Aluko entered onto the arbitration and after taking evidence from witnesses called by the parties, issued a report containing his award. The r…