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…