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RAS PALGAZI CONSTRUCTION COMPANY LIMITED V. FEDERAL CAPITAL DEVELOPMENT AUTHORITY

(2001) JELR 34386 (SC)

Supreme Court  •  SC.45/96  •  18 May 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC;

Appearances
Chief G. I. Ikokwu (with him, A. Osuigwe, Esq.) - For the Appellant. For Appellant A. Oyeyipo, Esq. (with him, Rotimi Oguneso and O. A. Falade) - For the Respondent. For Respondent

Judgement

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): On 19/2/2001 I dismissed this appeal and indicated that I would give my reasons on 18/5/2001. I now give my reasons.

The appellant herein was the plaintiff at the Abuja High Court Suit No: FCT/HC/CV/95/89. The appellant had sued the respondent claiming as follows:

"(a) A declaration that the plaintiffs are entitled to payment of the value of the work done by them including materials on site.

(b) An order restraining the defendants from ejecting the plaintiffs from the contract construction site until the final determination of this court

(c) An order of the court that the defendants should quantify and assess the value of the work and investment so far made by the plaintiffs before re-awarding the contract to any other person".

Although pleadings were ordered by the High Court the parties never exchanged pleadings as they both resolved to refer the issues between them to an arbitrator to be appointed by both parties. They therefo…

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