SANUSI JSC. (Delivering the Lead Judgment): This appeal emanates from the judgment of the Calabar Division of the Court of Appeal, (lower court) delivered on 10 April 2013, which upheld the decision of the High Court of Justice, Akwa-Ibom State (the trial court), which varied the arbitration award made by the sole arbitrator who arbitrated on the dispute between the parties to the arbitrator namely, the appellant and one Mr Etuk Hanson, the respondent herein.
The facts which gave rise to the present appeal are summarised hereunder. On or about 18 October 2003 there was thunder storm which struck on the appellant’s cell site installation at Plot 1A, Ewet Housing Estate, Uyo which had earlier on been leased to the appellant by the respondent herein. The blast affected the installation on the respondent’s property causing some damages to the said property. The respondent realizing the damages made to his property, decided to sue the appellant before the Akwa- Ibom State High Court (the tr…