- Ras Pal Gazi Constr. Co. Ltd. v. F.C.D.A.
- ₦ 200
Ras Pal Gazi Constr. Co. Ltd. v. F.C.D.A.
RAS PAL GAZI CONSTRUCTION COMPANY LIMITED.
FEDERAL CAPITAL DEVELOPMENT AUTHORITY
SUPREME COURT OF NIGERIA
SALIHU MODIBBO ALFA BELGORE, JSC (Presided)
MICHAEL EKUNDAYO OGUNDARE, JSC
EMANUEL OBIOMA OGWUEGBU, JSC
A. IYORGYER KATSINA-ALU, JSC (Read the Lead Judgment)
UMARU ATU KALGO, JSC
18TH MAY, 2001
ARBITRATION- Arbitration proceedings -
Whether same as negotiation for settlement out of court
ARBITRATION- Arbitral award - Power of High
Court thereover - Extent of â€™- Whether can convert award to its own judgment
ARBITRATION- Arbitration proceedings Matter
decided upon therein Whether court can intervene therein - Section 34,
Arbitration and Conciliation Act
ARBITRATION - Arbitral award - Right of
parties to challenge - Section 32 , Arbitration and Conciliation Act
ARBITRATION- Arbitral award- Effect of -
When has force of judgment
JUDGMENT AND ORDERS- Consent judgment -
Procedure for arriving at
AND PROCEDURE - Dispute resolution - Alternative mode of PRACTICE AND PROCEDURE
- Settlement out of court - Right thereto
- Effect - When becomes binding
Whether the High Court has jurisdiction to convert
award into its own judgment instead of merely recognising the award as binding
on the parties for purposes of enforcement
Whether the High Court has jurisdiction to award
interest on the arbitral award in exercise of its judicial discretion under
Order 27 rule 8 of the Abuja High Court (Civil Procedure) Rules, 1985.
The appellant herein, on 3/7/89
sued the respondent, claiming
A declaration that plaintiffs are entitled to payment
of the value of the work done by them, including the materials on site
An order of the court restraining the defendants from
ejecting the plaintiffs from the contract construction site until the final
determination of this court.
An order of the court that the defendants should
quantify and assess the value of the work and investment so far made by the
plaintiff before re-awarding the contract to any other person.
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, therefore, sought and obtained leave of the
High Court to appoint an arbitrator to resolve the issues between them and
report back to court.
eventually went to arbitration at the end of which the arbitrator made an award
in the total sum of N7,807,897.68 in favour of the plaintiff, which amount
included interest at the rate of 25% per annum on unpaid balance of payment due
to the plaintiff from 1987 to the date of the award. While arbitration was on,
the suit in court was adjourned from time to time for mention. On the
completion of arbitration, the arbitratorâ€™s report containing his award was
filed in court.
when the matter came up in court for mention, the respondent tried to set aside
the award. The court in its ruling delivered on the same date made the
arbitratorâ€™s award the judgment of the court and awarded 20% interest on the
judgment sum, effective from the date of judgment.
appealed to the Court of Appeal against the orders of the trial court, which
court allowed the appeal and set aside both orders of the trial court. The appellant,
being aggrieved now appealed to the Supreme Court.