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CARLEN (NIG.) LIMITED
V.
UNIVERSITY OF JOS & ANOR

(1994) JELR 45357 (SC)

Supreme Court 28 Jan 1994 Nigeria
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- The plaintiff entered into a contract with the University of Jos for the construction of faculties of Environmental Sciences and Education. - The contract contained an arbitration clause in the event of a dispute. - The contract was partl

Case Details

Suit Number:SC.74/1992
Judges: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
Counsel:P.O. Jimoh-Lasisi (with him, J.K. Odubaku-Adeji and B.U. Ihediohanma) For Appellant M.A. Toyin Keshinro (with him, S.A. Lawal and S.E. Umoh)- holding G. Brown - Peterside, Esq. SAN's brief For Respondent
Other Citations:Carlen (nig.) Ltd v. Unijos (1994) 1 NWLR (Pt.323)631 (1994) 1 SCNJ 72

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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