Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(1994) JELR 45357 (SC)    
Supreme Court  ·  SC.74/1992 ·  28 Jan 1994 ·  Nigeria
Other Citations
Carlen (nig.) Ltd v. Unijos (1994) 1 NWLR (Pt.323)631 (1994) 1 SCNJ 72
Carlen (Nig.) Ltd. v. Unijos (1994) 1 NWLR (Pt. 323) 631
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court of appeal
legal person
learned trial judge
contract agreement
university of jos act
university of jos
council of the university
local government service board
decision of the court of appeal
ground of appeal
issue of execution of exhibit
legal persons
registrar of the university
subject-matter of these proceedings
vice-chancellor of the university of jos
high court of plateau state
jos judicial division
juristic persons
leave of the court of appeal
limited liability company
performance of the statutory functions
subject matter of this case
university of jos act no.
agent of the council
behalf of the vice-chancellor
combined effect of section
decision of the learned justices of appeal
defendants mr. brown-peterside
exercise of the powers
federal statute
hold office
issue set
judgment of the trial high court
leading judgment
learned trial judge ought
local government of services board
permanent site of the university
question of incompetence of the action
reserved judgment
rights of other persons
said amount
subsequent trial
such sum
support of its case
total cost of n28,09
western ijaw teachers training college

OGUNDARE, JSC (Delivering the Leading Judgment): The plaintiff, a limited liability company on 19th April, 1982 entered into a contract with the Vice-Chancellor of the University of Jos for the construction of faculties of Environmental Sciences and Education at the permanent site of the University in Jos at a total cost of N28,09 million. It was the Registrar of the University that signed the contract, presumably on behalf of the Vice-Chancellor. The contract contained an arbitration clause in the event of a dispute between the parties to it. The contract was partly executed and some payments made by the University to the plaintiff before a dispute arose between the parties leading to the termination of the contract by the Vice-Chancellor by a letter dated 16th April, 1984. The plaintiff instituted an action at the High Court of Plateau State (Jos Judicial Division) in 1986 against the University of Jos and the council of the University as defendants claiming by its amended statement…

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