AKINTAN, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Lagos Division of the Court of Appeal (Coram: Oguntade, Galadima and Aderemi, JJ.CA) delivered on 13th June, 2000 in suit No. CA/L/380/96. The appellant and the respondent had entered into a building contract out of which a dispute arose. The contract agreement between them had provided for reference of disputes arising from the contract to an arbitrator. To that end, the dispute was, by an order of the Lagos State High Court, referred to Late Hon. Justice G.B.A. Coker as sole arbitrator. The arbitrator published his report on 18th October, 1982. In the report, the arbitrator ordered the appellant to pay N5,566,437.21 to the respondent with 5% interest per annum thereon from 11/3/81 to 18/10/82. The respondent later applied to the High Court for the enforcement of the award. The appellant, on the other hand, applied to the same court to set aside the award.
The two applications came before I…