TAYLOR WOODROW OF NIGERIA LIMITED V. SUDDEUTSCHE ETNA-WERK GMBH

OGUNDARE, JSC (Delivering the Leading Judgment): This appeal raises the question when and in what circumstances, a court will disturb the award made by an arbitrator to whom the parties to a contract have voluntarily submitted a dispute arising between them for adjudication.

Taylor Woodrow of Nigeria Limited by a contract dated 23rd May, 1981 entered into by it and the Niger State Government, agreed to build a Specialist Hospital in Minna. By a sub-contract dated 21st September, 1981, supplemental to this contract (known in these proceedings as the main contract) the said company (who is now the appellant before us and shall hereinafter be so referred to) appointed Suddeutsche Etna- Werk GMBH, a company based in Germany (hereinafter shall be referred to as the respondent) to execute the supply of installation and commissioning of air-conditioning work of the Specialist Hospital for a contract sum of ₦885,920,00. By Appendix II of the sub-contract, part of the contract sum of ₦885,920…