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CARLEN (NIG.) LIMITED V. UNIVERSITY OF JOS & ANOR

(1994) JELR 45357 (SC)

Supreme Court  •  SC.74/1992  •  28 Jan 1994  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Judgement

OGUNDARE, JSC (Delivering the Leading Judgment): The plaintiff, a limited liability company on 19th April, 1982 entered into a contract with the Vice-Chancellor of the University of Jos for the construction of faculties of Environmental Sciences and Education at the permanent site of the University in Jos at a total cost of N28,09 million. It was the Registrar of the University that signed the contract, presumably on behalf of the Vice-Chancellor. The contract contained an arbitration clause in the event of a dispute between the parties to it. The contract was partly executed and some payments made by the University to the plaintiff before a dispute arose between the parties leading to the termination of the contract by the Vice-Chancellor by a letter dated 16th April, 1984. The plaintiff instituted an action at the High Court of Plateau State (Jos Judicial Division) in 1986 against the University of Jos and the council of the University as defendants claiming by its amended statement…

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