Ratio DecidendiRatio DecidendiRatio Decidendi



CITY ENGINEERING NIGERIA LTD.
V.
FEDERAL HOUSING AUTHORITY

(1997) JELR 45475 (SC)    
Supreme Court  ·  SC.204/1992 ·  17 Jul 1997 ·  Nigeria
 · 
Other Citations
City Eng.(Nig.) Ltd. v. F.H.A. (1997) 9 NWLR (Pt.520) 224 (1997) All N.L.R 1
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI 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 EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
action
parties
plaintiff
cause of action
arbitration proceedings
arbitration clause
cause of arbitration
learned trial judge
appointment of an arbitrator
learned judge
court of appeal
laws of lagos state
limitation law of lagos state
wemabod estates ltd.
17th day of december
bringing of an action
date of the arbitral award
good causes of action
high court of lagos state
present case
time limit
agreed date of february
arbitration law cap
award of the arbitrator
conditions of contract
date of the accrual of the original cause
date of the breach of the charter-party
ejifodomi's case
execution of the contract
fanz construction co. ltd.
following questions
following reliefs
high court of lagos state rules
issue of the period of limitation
judgment of the honourable court
kano oil millers ltd.
leading judgment
lead judgment of sulu-gambari
leave of the supreme court
pay costs of the application
payment of the said sum
purpose of the enforcement of an arbitration award
respect of the decisions
statutory period of limitation start
submission of mr. ogugen
submission of the learned counsel
such further order
time runs
written agreement

M. E. OGUNDARE, J.S.C (Delivering the leading Judgment): The principal question that calls for determination in this appeal is: When does the statutory period of limitation start to run for the purpose of the enforcement of an arbitration award; is it at the date of the accrual of the original cause to action or is it at the date of the arbitral award?

The parties herein entered into a written agreement dated 17th day of December, 1974 whereby the appellant was to build a number of housing units at Festac Town, Badagry Road, Lagos. The agreement contained in its Clause 30 a provision to submit all matters in dispute in connection with the execution of the contract to arbitration. Sub-clause (4) of clause 30 provided that the award of the arbitrator would be final and binding. A dispute arose between the parties in the course of the execution of the contract. The respondent rather than settle the dispute inter partes by its letter dated 5th December, 1980 threatened to terminate the co…

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