MR. OLUDAYO OROJO V. L.R. AVIONICS TECHNOLOGIES LIMITED

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment):There was a contract between the Respondent and the Federal Government of Nigeria. Consequent upon an alleged breach of the said contract, the late Hon. Justice (Dr.) Olakunle Orojo (Rtd.) was appointed as the Sole Arbitrator in respect of the dispute. He accepted the appointment, convened two preliminary meetings held on 30th June 2005 and 12th October 2005 at which he gave order for directions and the fees to be paid to the Arbitrator were agreed upon. Thereafter there was an intermission for about four years as the Respondent was not able to raise its part of the Arbitrator's fees and the Federal Government of Nigeria did not participate or take part in the proceedings. In 2009 the Respondent made part payment of the Arbitrator's fees and administrative expenses for the arbitration. Shortly after this payment was made and before any further proceedings could be taken, the Sole Arbitrator died. The Respondent later f…