COMPTOIR COMMERCIAL & IND. S.P.R. LTD.
V.
O.S.W.C.

(2002) JELR 53807 (SC)

Supreme Court 12 Apr 2002 Nigeria
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Case Details

Suit Number:SC.115/1997
Judges:IDRIS LEGBO KUTIGI, JSC (Presided) EMANUEL OBIOMA OGWUEGBU, JSC ANTHONY IKECHUKWU IGUH, JSC ALOYSIUS IYORGYER KATSINA-ALU, JSC EMMANUEL OLAYINKA AYOOLA, JSC (Read the Lead Judgment)
Counsel:Olalekan Ojo, Esq. - for the Appellant . -*- Chief Olus eyi Oyebolu (A.G., Ogun State), (with him, O. Ogunfowora, P.S.C.) - for the Respondents .

AYOOLA, JSC (Delivering the Lead Judgment): The appellant, Comptoir Commercial and Ind. SPRLbeing dissatisfied with the award made on 23rd December, 1986 by the arbitrator in the dispute between it and the respondent, the Ogun State Water Corporation, appealed to the High Court of Oyo State to have the award set aside. The grounds of the application were that the arbitrator had misconducted himself; that the award did not deal with the matter referred to the arbitrator; that the award was bad on the face of it. By an agreement dated January, 31st 1982, the parties agreed that the appellant would supply to the respondent and install 10 units of watertreatment plants as “Turn Key” projects. Any question, dispute or difference arising from the contract was to be referred to the arbitration of a person to be agreed upon by the parties. A dispute having arisen in that the appellant claimed that under the agreement it was entitled to be paid in addition to the “basic contract price” varia…

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