Facts:

This is an appeal against the judgment of the Court of Appeal (appellate Court), Abuja Division, delivered on the 9th of December, 2010, wherein that court set aside the judgment of the Federal High Court (trial Court), Abuja and also set aside the arbitral award dated 7th December, 2007.

Both the Appellant (as claimant at Tribunal) and the Respondent (as Respondent at Tribunal), entered into a Consultancy Agreement sometime in the year 2001 with respect to the Respondent’s Staff Housing Development project, situate at Mabushi, Abuja. By section 15 of the Consultancy Agreement, any dispute arising from the consultancy agreement shall be resolved through arbitration. Pursuant to a dispute arising out of the Consultancy Agreement, a sole arbitrator was appointed who after the arbitration proceedings, published an award dated 7th December 2007. The Respondent was aggrieved by the published arbitral award, and applied to the Federal High Court, contending that the sole arbitrator went outside of what was agreed and/or contemplated by the parties in the consultancy agreement, in computing what the Appellant was entitled to. The Appellant disagreed with the motion for setting aside the arbitral award and filed its own motion seeking for the recognition and enforcement of the published award dated 7th December, 2007 by the sole arbitrator.

The Federal High Court in its judgment struck out the Respondent’s motion for setting aside and granted the Appellant’s motion for the recognition and enforcement of the published award, dated 7th December 2007 by the sole arbitrator. The Respondent being aggrieved by the decision of the Federal High Court, appealed to the appellate Court. In its considered judgment, the appellate Court allowed the appeal, and set aside the published award, and the leave for its enforcement.

Aggrieved by the decision of the appellate Court, the Appellant appealed to the Supreme Court.