KARIMU YESUFU & ORS VS THE STATE
August 15, 2025FRANCIS USHIE VS THE STATE
August 15, 2025Legalpedia Citation: (1972) Legalpedia (SC) 19125
In the Supreme Court of Nigeria
Wed Dec 20, 1972
Suit Number: SC. 91/70
CORAM
COKER JUSTICE, SUPREME COURT
IBEKWE JUSTICE, SUPREME COURT
IRIKEFE JUSTICE, SUPREME COURT
PARTIES
JOSEPH SALIBA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff now appellant at the court below claimed an Account of partnership funds and payment over to him of whatever is found due to him on the taking of such Account. This order was made and thereafter a referee appointed.
HELD
The Court held that the appeal fails and is dismissed.
ISSUES
None
RATIONES DECIDENDI
DUTY OF COURT
1. “There can be no argument in any case that a court which itself had appointed a referee or an arbitrator may by order remove him if, from circumstances so deserving, such arbitrator or referee can no more be entrusted with the duties of that office.” Coker, JSC.
CASES CITED
1. East and West India Dock Co. v. Kirk & Randall (1887)12 AC 738 at p.744
2. R. v. Nailsworth Licensing Justices ex parte Bird (1953) 2 AER 652
3. R. v. Cambourne Justices ex parte Pearce (1954) 2 AER 850.
4. Obadara v. The President, Ibadan D.C. etc. (1964) 1 All NLR 336
5. R. v. Sussex JJ. Ex p. McCarthy (6) (1924) 1 KB 259
STATUTES REFERRED TO
None
