UNITS ENVIRONMENTAL SCIENCE LTD. v. REVENUE MOBILIZATION ALLOCATION & FISCAL COMMISSION

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Facts:

Both the Appellant and the Respondent herein, 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 aforesaid Consultancy Agreement, Mr. Ifeanyi Tim Anago, FNIQS, FCIArb, LL.B (Hans), B.L. was appointed Sole Arbitrator, who after the arbitration proceedings, published an Award dated 7th December, 2007. The Respondent herein was aggrieved by the published Arbitral Award and applied as aforestated, to the Federal High Court, contending inter alia 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 (as Claimant) was entitled to. The Appellant herein 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 elated 7th December 2007 by the Sole Arbitrator.
The Federal High Court in its judgment struck out the Respondent’s Motion for setting aside, dated 26th February 2006 and granted the Appellant’s motion for the recognition and enforcement of the published Award, dated 7th December 2007 by the Sole Arbitrator. Aggrieved, the Respondent appealed to the Court of Appeal (Lower Court), and in its judgment of 9/12/2010, the Lowe Court allowed the appeal, and set aside the decision of the trial Court. It also held that there was merit in the application and set aside the Award.
Dissatisfied by the decision of the Lower Court, the Appellant appealed to the Supreme Court.

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