KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): On 19/2/2001 I dismissed this appeal and indicated that I would give my reasons on 18/5/2001. I now give my reasons.
The appellant herein was the plaintiff at the Abuja High Court Suit No: FCT/HC/CV/95/89. The appellant had sued the respondent claiming as follows:
"(a) A declaration that the plaintiffs are entitled to payment of the value of the work done by them including materials on site.
(b) An order restraining the defendants from ejecting the plaintiffs from the contract construction site until the final determination of this court
(c) An order of the court that the defendants should quantify and assess the value of the work and investment so far made by the plaintiffs before re-awarding the contract to any other person".
Although pleadings were ordered by the High Court the parties never exchanged pleadings as they both resolved to refer the issues between them to an arbitrator to be appointed by both parties. They therefo…