MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of H.O. OZOH J. in the Awka Judicial Division of the High Court of Anambra State delivered on 24th day of June 2010.
The Respondent herein as Plaintiff took out an originating summons dated 14/7/08 and filed on 23/7/08 against the Appellants who were Defendants to the suit.
The questions for determination in the said originating summons are as follows:-
1. Whether in the light of clause 22 of the Contract Agreement (Exhibit A) providing for Arbitration between the parties, the purported termination of the contract agreement between the parties by the defendants do not constitute a breach of a fundamental term of contract and therefore null and void.
2. What is the combined effect of clause 12 of Exhibit A and clause 22 thereof?
3. Whether the Plaintiff ought not to rightfully continue with contract works under Exhibit A in the light of the breach of a fundamental term of the contract …