ARMELS TRANSPORT LTD V. TRANSCO (NIG.) LIMITED
August 9, 2025ALHAJI A.W. AKIBU V. JOSEPH OPALEYE & ANOR
August 9, 2025Legalpedia Citation: (1974-11) Legalpedia 61374 (CA)
In the Court of Appeal
Holden At Lagos
Tue Nov 26, 1974
Suit Number: SC 20/1973
CORAM
DANIEL O. IBEKWE, JUSTICE SUPREME COURT
GEORGE B. A. COKER, JUSTICE SUPREME COURT
FATAYI-WILLIAMS, JUSTICE SUPREME COURT
PARTIES
IN RE: QUO VADIS HOTELS AND RESTAURANTS LTD
APPELLANTS
COMMISSIONER OF LANDS
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE-TERMS OF ARBITRATION
SUMMARY OF FACTS
The parties are in arbitration but the applicant is requesting for the setting aside of the terms of settlement.
HELD
The Orders of the arbitrator was set aside and the order of the Referee was affirmed. The matter must be heard De Novo by the same arbitrator.
ISSUES
Whether it will be right to set aside the Terms of Settlement
RATIONES DECIDENDI
TERMS OF SETTLEMENT: HOW TREATED
“the failure of the arbitrator to conclude the present proceedings in accordance with the terms of his reference was caused by the refusal of the present applicants to produce as agreed upon by the parties for the use of the respondent the books and other documents upon which they founded their claims before the arbitrator. These parties cannot therefore now be heard to request for the setting aside of the Terms of Settlement for the purpose of throwing open the entire matter in controversy.” Per COKER, JSC
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
