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CHIEF S. O. AGBAREH & ANOR V. DR. ANTHONY MIMRA & ORS.

(2008) JELR 47107 (SC)

Supreme Court  •  SC.216/2006  •  11 Jan 2008  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; DAHIRU MUSDAPHER JSC; SUNDAY AKINOLA AKINTAN JSC; ALOMA MARIAM MUKHTAR JSC; IKECHI FRANCIS OGBUAGU JSC;

Judgement

OGBUAGU, J.S.C.: (Delivering the Leading Judgment): The 2nd respondent-a German company, appointed the 2nd appellant, as its only agent for the purpose of procuring contracts for the installation of traffic lights in the Federal Capital Territory, Abuja (traffic light project). Both parties, entered into a written agreement dated 30th November, 1992 and 1st December, 1992 respectively. (See pages 111 to 115 and 116-119 of the records). The two agreements, provided for arbitration in respect of any dispute that may arise between the parties relating to the interpretation of the said agency agreements (see clause 18). By the two agreements, the 2nd respondent, agreed to pay the 2nd appellant, a remuneration of 35% (thirty-five percent) of the contract price procured by the 2nd appellant.

The 2nd appellant, procured contracts from the Federal Capital Development Authority (hereinafter called "the FCDA") and especially, the contract for the installation of traffic lights at 64 junction, A…

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