UFOT GEORGE & ORS V. THE STATE
August 27, 2025SOLICITOR-GENERAL WESTERN NIGERIA V. DR FESTUS ADEBONOJO & ORS
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 91161
In the Supreme Court of Nigeria
Fri May 21, 1971
Suit Number: SC 2/1970
CORAM
COKER, CHIEF JUSTICE NIGERIA
SOWEMIMO, JUSTICE, SUPREME COURT
UDOMA, JUSTICE, SUPREME COURT
PARTIES
MISR (NIGERIA) LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff who was claiming damages for breach of contract against the defendant instituted this action despite the fact that the matter was subject to arbitration. The plaintiff stated that there had already been an abortive arbitration, and that he had unsuccessfully sought the assistance of the court to appoint an arbitrator, so in the circumstances was entitled to proceed to court.
HELD
The Court ordered that the action of the plaintiffs in this matter be stayed indefinitely in accordance with the provisions of section 5 of the Arbitration Act, Cap. 13
ISSUES
Whether court can treat the arbitration clause in the contract between the parties as unenforceable and therefore discountenance it in the enforcement of rights under the contract
Whether the learned trial judge wrongly held that an arbitration had already taken place and failed, whereas the ground on which Lambo J. had set aside the arbitration award was that the appointment of the sole arbitrator was irregular.
RATIONES DECIDENDI
SANCTITY OF CONTRACT BETWEEN PARTIES
But the contract of the parties still remains their contract and it will be asking too much of any court to sanction an unwarranted departure from the terms of a contract into which two free and able parties entered unless such a contract or any part of it has been lawfully abrogated or discharged. Per Coker, JSC
SANCTITY OF CONTRACT BETWEEN PARTIES
But the contract of the parties still remains their contract and it will be asking too much of any court to sanction an unwarranted departure from the terms of a contract into which two free and able parties entered unless such a contract or any part of it has been lawfully abrogated or discharged. Per Coker, JSC<foo< p=””></foo<>
CASES CITED
Cameron v. Cuddy and Anor, (1914) A.C. 651.
STATUTES REFERRED TO
Arbitration Act, Cap. 13 (Laws of the Federation of Nigeria)
Rules of the Supreme Court. Order 7 rule 13
