CITY ENGINEERING (NIGERIA) LTD V. NIGERIAN AIRPORTS AUTHORITY

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Lagos State the Applicant by an originating summons dated the 4th day of November, 1982, filed its application for-

(a) An order that the Respondent in this matter shall submit to arbitration in accordance with Section 19 of the General Conditions of the contract entered into between the Applicant and the Respondent on the 3rd day of January, 1980.

(b) An order to appoint an Arbitrator to arbitrate in this matter of the contract entered into between the Applicant and the Respondent on the 3rd day of January, 1980.

(c) An order compelling the Respondent to submit to such Arbitration.

(d) An order directing that the Respondent do pay the cost of this application.

The application was supported by an affidavit to which there were ten (10) annexure marked Exhibits AOS1 to AOS10. The affidavit evidence showed that the Applicant was awarded a contract by the Respondent for the construction of the Interim Measure…