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TETRAZZINI FOODS LIMITED v. ABBACON INVESTMENT LIMITED & ANOR

(2015) JELR 33034 (CA)

Court of Appeal  •  CA/L/1086/2011  •  9 Jul 2015  •  Nigeria

Coram
SIDI DAUDA BAGE JCA; CHINWE EUGENIA IYIZOBA JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This appeal is against the judgment of the Lagos State High Court delivered on the 16th day of September, 2011 by Hon. Justice A.A. Philips wherein the lower court refused to set aside an arbitral award made against the appellant.

The appellant awarded the 1st Respondent a contract to construct its headquarters at No. 308 Akin Adesola Street, Victoria Island, Lagos. The contract agreement had an arbitration clause. In the course of executing the contract, the appellant not satisfied with the pace and quality of work, took over the site and concluded the construction.

Aggrieved, the Respondent pursuant to the arbitration clause instituted a suit wherein it applied for the appointment of a sole arbitrator which the trial court did. The second Respondent is the Arbitrator who convened a preliminary meeting wherein statements were ordered to be filed by the parties. The appellant defaulted but time was extended for it to do s…

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