(2007) JELR 44393 (CA)    

Court of Appeal  ·  CA/L/436/05 ·  27 Jul 2007 ·  Nigeria
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RAPHEAL CHIKWE AGBO Justice of The Court of Appeal of Nigeria ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria

ISA AYO SALAMI, J.C.A (Delivering the Leading Judgment) The synopsis of the genesis of the case is that the appellant and the respondent entered into an agreement on 30th January, 1998 by which the respondent as claimant was to execute works in respect of fast wall partitioning and fixing of suspended ceiling on the first-fifth floors of the appellant's structure.

The contract includes an arbitration clause whereby disputes between the parties touching upon the contract shall be referred to an arbitration, if the parties are unable to reach an amicable settlement.

It was also agreed that the respondent should commence work on the 3rd January, 1998 and complete same on or about the 31st March, 1998 at a, cost of N10,600,000. There was subsequently a variation to the scope of the original contract by the inclusion of purchase and installation of carpets which increased the contract sum to N11,236,700.00

A firm of architects, Archiscope Limited, was appointed at the instance of the appel…

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