BAUHAUS INTERNATIONAL LTD & ANOR V. MIDFIELD INVESTMENT

UWANI MUSA ABBA AJI, J.C.A. (Delivered the Leading Judgment): This is an appeal by the Defendants/Appellants, simply called Appellants against the Ruling of Hon. Justice I.U. Bello of the High Court of the Federal Capital Territory, Abuja delivered on the 8th November, 2005, whereby the learned trial judge ordered the parties to proceed to trial having previously set aside an arbitral award on the basis of an alleged Arbitrators misconduct.

The Respondent commenced the substantive suit against the Appellants claiming, inter alia, declaratory and monetary damages resulting from an alleged contract. The parties were subsequently referred to arbitration whereof the Respondent was awarded the sum of N15 million. The Appellants vide a motion filed on the 6th May, 2004 applied to the lower court for an order setting aside the award on the basis of the Arbitrator's alleged misconduct.

The motion to set aside the award was brought upon the following grounds:-

1. That the Arbitrator exceeded h…