Just Decided Cases

RAPHAEL AGU VS CHRISTIAN OZURUMBA IKEWEBE

Legalpedia 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


CLICK HERE TO READ FULL JUDGMENT

Esther ORIAH

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