NWORIE NWALI VS THE STATE
July 11, 2025ELIZABETH OGUNDIYAN VS THE STATE
July 11, 2025Legalpedia Citation: (1991) Legalpedia (SC) 95151
In the Supreme Court of Nigeria
Fri Apr 19, 1991
Suit Number: SC. 107/1988
CORAM
MUHAMMAD S. MUNTAKA-COOMASSIE (Lead Judgment), JUSTICE, SUPREME COURT
ADOLPHUS GODWIN KARIBI-WHYTE,JUSTICE, SUPREME COURT
PHILIP NNAEMEKA-AGU,JUSTICE, SUPREME COURT
SALIHU. M. A. BELGORE
PARTIES
RAPHAEL AGU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
NONE
HELD
The court held that the court of trial should not have received any evidence on arbitration on the basis of such a pleading and the court below should have drawn no inference therefrom. The case was dismissed.
ISSUES
Whether the decision by the arbitration panel can operate as an estoppel in relation to the land in dispute between the parties
RATIONES DECIDENDI
CONDITIONS FOR BINDINGNESS OF AN ARBITRAL AWARDS
“Where a body of men, be they Chiefs or otherwise, act as arbitrators over a dispute between two parties, their decision shall have a binding effect, if it is shown firstly that both parties submitted to the arbitration. Secondly that the parties, accepted the terms of the arbitration, and thirdly, that they agreed to be bound by the decision. Such decision has the same authority as the judgment of a judicial body and will be binding on the parties and thus create an estoppel.” A.G.KARIBI-WHYTE, JSC
CASES CITED
Giwa v. Inspector-General of Police (1985) 6 NCLR 369Enyinnaya v. Commissioner of Police (1985) NCLR, 464.Assampong. v. Kweku & Ors. (1932) 1 WACA. 192.Phllip Injoku v. Felix Ekeocha (1972) 2 ECSLR 199
STATUTES REFERRED TO
Section 274(3) & 4(b) of the Constitution 1979
