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OPTIMUM CONSTRUCTION & PROPERTY (DEV) LTD
V.
AKE SHAREHOLDINGS LTD

(2021) JELR 109173 (SC)

Supreme Court 11 Jun 2021 Nigeria
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Case Details

Suit Number:SC.102/2021(R)
Judges:Amina Adamu Augie, JSC Uwani Musa Abba Aji, JSC Mohammed Lawal Garba, JSC Samuel Chukwudumebi Oseji, JSC Emmanuel Akomaye Agim, JSC
Counsel:Appearances: Kehinde Ogunwumiju, SAN, with him, Wale Habib Ajayi, Esq., Ademola Abimbola, Esq., Mrs. Olamide Mojigbotoluwa Adekunle and Tunde Ahmed Adejumo, Esq. For the Appellant; Mrs. F.R.A Williams, with him, Chisom Ezeigwe, Esq. for the respondent.

EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Lead Ruling): The applicant and respondent entered into a sublease agreement dated 16-4-2007 and agreed to submit all disputes arising from it to arbitration. A dispute arose between them concerning the applicant's performance of its obligations in the contract and the dispute was submitted to arbitration by a sole Arbitrator.

Following the conclusion of arbitral proceedings, the sole Arbitrator on 19-8-2011 made an Arbitral award titled "Final Arbitration award, in full and final settlement of the claims in the arbitration as follows:

"ACCORDINGLY, I DO HEREBY AWARD, DECLARE AND DIRECT IN FULL AND FINAL SETTLEMENT OF CLAIMS IN THIS ARBITRATION AS FOLLOWS:

1. The Claimant's claim succeeds in part.

2. The Respondent shall within a period of six (6) months from the date of this award, hand over a copy of the Fire and General Insurance of the property to the Claimant and carry out the necessary repair works on the property as identified in Exhibi…

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