Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2021) JELR 108810 (SC)    

Supreme Court  ·  SC.214/2009 ·  7 May 2021 ·  Nigeria
Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC John Inyang Okoro, JSC Ejembi Eko, JSC Ibrahim Mohammed Musa Saulawa, JSC Adamu Jauro, JSC

Ratio Decidendi

Core Terms Beta
notice of appeal
grounds of appeal
ground of appeal
preliminary objection
ejembi eko
lower court
mixed law
trial court
subject matter
abuse of the process of the court
appellate court
arbitration award
learned trial judge
notice no. fct
third party
abuse of court
application no. fct
arbitration clause
award set
competent ground of appeal
criminal proceedings
disobedience of section
enforcement of the arbitral award
fct high court
final decision
high court
high court of the federal capital territory
incompetent grounds
interlocutory appeal
issue of mixed law
issue of the arbitration clause
judge of the fct high court
leading judgment
learned counsel
learned justices of appeal
members of the lower court
parallel suit no. fct
payment of the appellant
respective cases
respect of a building contract
see yaro v
trial fct high court
view of the decision of mukhtar
whole purpose of grounds of appeal

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The Appellant, a Quantity Surveyor, had a dispute over payment of agreed commission payable to him by his principal, the Respondent herein, in respect of a building contract. While the Appellant insisted on payment of his commission on the two phases of the building contract awarded by the third party to the Respondent, irrespective of whether or not the contracts for the two phases were actually awarded; the Respondent posited that the payment of the Appellant's commission or fees was, as per their agreement, payable only if and when the contract for the second phase was awarded to the Respondent.

There was no dispute about the first phase. The contract for that phase was awarded and the Appellant was paid his fees.

The third party for some financial constraint did not award the contract for the second phase to the Respondent.

The agreement between the Appellant and the Respondent had an arbitration clause.

​As the parties herein coul…

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