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OSUN STATE GOVERNMENT V. ESTISIONE H. NIGERIA LIMITED & ANOR

(2012) JELR 39409 (CA)

Court of Appeal  •  CA/I/135/2005  •  24 May 2012  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; CHINWE EUGENIA IYIZOBA JCA; MOORE A. A. ADUMEIN JCA;

Appearances
Opeyemi Usiola Esq. For Appellant L. L. Akanbi and E. E. Jacob For Respondent

Judgement
<p><strong>KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment):</strong> This is an appeal against the judgment of the Osun State High Court, Osogbo Judicial Division delivered on 18/2/05. The judgment arose from two consolidated suits. The appellant herein and the respondents entered into a contract dated 10/3/99 for the construction of internal and external roads to the Federal Housing Authority Estate, New Oba Road, Osogbo. Clause 22 of the agreement (Exhibit A) provided as follows:</p><p> &quot;If any dispute or difference shall arise between parties hereto concerning the construction of this agreement or the rights, duties, obligations or liabilities of the other party then and in every such case, the dispute or difference shall be referred to the decision of two Arbitrators to be appointed by the parties concerned in the dispute or difference and an umpire to be appointed by the Arbitrators in accordance with the Arbitration Law of Oyo State applicable in Osun State of Nigeria.&quot;</p><p> …</p>

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