OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division delivered on 24/9/90. The appeal arose from an arbitration proceedings between the parties.
By a deed of agreement dated 22/2/80, the Lagos State Development and Property Corporation employed Adold Stamm International (Nigeria) Ltd. to construct a specific number of housing units for the former on a cost plus fee basis. The plans and specifications were made part of the agreement.
The agreement provided in its Clause 17 that any dispute or difference in relation to the contract which might arise between the parties and which could not be amicably settled should be referred to a single arbitrator in accordance with the provisions of the Arbitration Law of Lagos State or any statutory modification thereof for the time being in force.
Differences arose and the contract was terminated. Adold/Stamm International Nigeria Ltd. applied to the High Court of Lagos St…