CORAM
A.O. OBASEKI JUSTICE, SUPREME COURT
K. ESO JUSTICE, SUPREME COURT
SA KAWU JUSTICE, SUPREME COURT
S.M. A. BELGORE JUSTICE, SUPREME COURT
A.G. AGBAJE JUSTICE, SUPREME COURT
PARTIES
KANO STATE URBAN DEV.BOARD
APPELLANTS
FANZ CONSTRUCTION CO. LTD
RESPONDENTS
AREA(S) OF LAW
WHETHER AN ARBITRATION PANEL WILL BE PROPERLY SEISED WITH JURISDICTION AFTER PARTIES HAVE TAKEN STEPS BY FILING PLEADINGS IN THE HIGH COURT.
SUMMARY OF FACTS
The appeal is an appeal against the order refusing to set aside the arbitration award and an order granting leave to enforce the award brought by the appellant. The appellant/defendant entered into a contract with the respondent/plaintiff which agreement had a provision for arbitration. It is the complaint of the appellant that the parties had already taken steps- by filing statement of claim- in the matter before the court ordered an arbitrator to be selected by them. The arbitrator reached a decision for which the appellant applied to the court to have set aside but the respondent applied to have enforced against the appellant.
HELD
APPEAL ALLOWED
ISSUES
1. Whether after the parties had taken steps in the action at the Kano High Court it was still within the discretion of the Learned trial Judge D. Mustapher, J., (as he then was), to order a stay of the proceedings in the light of Section 5 of the Arbitration Law, Cap.7, 1963 Laws of Kano State.2. Whether the appeal to the Court of Appeal constitutes a valid appeal against: (a) the High Court’s refusal to set aside the award;(b) the High Court’s leave granted to enforce to the award.3. Whether by allowing the appellants to raise new points of law not canvassed at the High Court, the Court of Appeal was not therefore bound to consider those issues as though they had been raised at the court below.4. Whether the arbitrator properly construed the dispute between the parties.5. If the answer to 3 above is in the negative whether he did not therefore act without jurisdiction; 6. Whether the reference to the arbitrator in this case amounted to a reference of specific question(s) of Law for his determination?7. Whether summary enforcement of an award as a judgment under Section 13 of the Arbitration Law of Kano State should be allowed where the validity of the award is in obvious doubt?
RATIONES DECIDENDI
POWERS OF AN ARBITRATOR
“if the arbitrator even in perfect good faith misconstrued the provisions giving it power to act and thereby failed to deal with the questions remitted to it but decided some question which was not remitted to it, his decision in the arbitration proceedings will be a nullity”. (Per ABDUL GANIYU OLATUNJI AGBAJE, J.S.C.)
ENFORCEMENT OF AN ARBITRAL AWARD
“Once an award has been enforced, as opposed to an application for it to be enforced, under Section 13 of that law, it is too late to apply to have the award set aside under Section 12(2) of that law”. (Per ABDUL GANIYU OLATUNJI AGBAJE, J.S.C.)
CASES CITED
1. Doleman & Sons v. Ossett Corporation (1912) 3 KB 257.2. Obembe v. Wemabod Estates (1977) 5 S.C.1153. R. v. Northumberland Compensation Appeal Tribunal Exp. Shaw (1957) 1 ALL ER 1224. Anisminic v. Foreign Compensation Commission & Anor. (1969) 1 All ER 2085. Hamlyn v. Batteling (1880) 6 QBD 63.6. Macaura v. Northern Assurance Co. Ltd. (1925) AC 619.7. London and North – Western Railway Coy v. Jones (1915) 2 KB 35.8. Scammell v. Ouston (1941) All ER 14 9. Courtney & Fairbaine Ltd. v. Tolaimi Brothers Hotel Ltd. & Anor. (1975) 1 WLR 297 10. Hodgkinson v. Fernie (1957) 3 CBN S 18911. Absalom v. G.W. Garden Village Society (1933) All ER 61612. British Westinghouse Electric and Manufacturing Co. v. Underground Electric Railways Co. of London (5)13. Kelantan Government v. Duff Development Co. Ltd. (2).14. Re Walker and Beckenham District Local Board (1884) 50 LT 20715. Re Walker and Beckenham District Local Board (1884) 50 LT 207.16. Doleman & Sons v. Cassett Corporation (1912) 3 KB 257.
STATUTES REFERRED TO
1. Arbitration Acts, 1950 (U.K.)