This is an appeal against the judgment of the Court of Appeal holden at Lagos in appeal No. CA/L/192/98 delivered on 7th July, 1999 in which it allowed the appeal and set aside the decision of the Lagos State High Court granting leave to the Appellant to enforce an arbitral award between the parties.

The parties entered into a construction contract for the building of the United States of America Embassy Staff Housing and Recreational Facilities at Abuja with a provision that any dispute between them must be referred to arbitration and the award of such distribution shall be final and binding on the parties. Later on and during the course of the execution of the contract, disputes arose between the parties and the matter was duly referred to Kofo Popoola JP, Chartered Quantity Surveyor, for arbitration and an award was made on 31/12/96. The award was for N352,910.156.00 in favour of the Appellant who demanded payment but the Respondent refused to pay. There was in addition, an award of 21 % interest per annum on the principal sum calculated monthly on any outstanding sum remaining unpaid.

Appellant later applied to the Lagos State High Court on 26/3/97 for leave to enforce the award as a judgment of that Court by an originating motion ex parte but the Chief Judge directed the Appellant to put the Respondent on notice of the motion. The Appellant consequently took out an originating summons on notice to the Respondent on 23/4/97 under the same suit No. M/172/97 which was served on the parties.

On the 7/7/97 the Respondents filed a notice of preliminary objection to the application of the Appellant which objection was more than three months as allowed by the Arbitration and Conciliation Act, Cap 19 Laws of the Federation 1990 for challenging an award. The challenge to the award was thus more than 6 months after it was made.

On the 1st day of April 1997 the Respondents commenced suit No.FHC/L/CP/365/97 at the Federal High Court Lagos in respect of the award and the Appellant filed a notice of preliminary objection against the suit on 8/4/97 challenging the jurisdiction of the Court to entertain and determine the suit which objection was upheld by that Court on 9/3/98.

On the 27th day of October 1997 the Lagos High Court dismissed the preliminary objection of the Respondents and proceeded to grant the Appellant's application to enforce the award there being nothing to oppose its grant. Before granting the application learned counsel for the Respondents, when called upon to reply to the motion as moved by learned counsel for the Appellant applied for an adjournment to file a counter affidavit, which application was refused by the learned trial Judge resulting in the appeal to the Court of Appeal. The Court of Appeal allowed same on the ground that the Respondent's right to fair hearing was impeached by the learned trial Judge's refusal to grant the adjournment sought and without allowing counsel opportunity to reply on points of law to the application to enforce the arbitral award. It is against that decision that the Appellant has appealed to this Court.