HOLTS TRANSPORT LIMITED VS K.CHELLARAMS & SONS (NIG.) LTD
August 15, 2025S.O. AKINNOLA VS D.A. FASEUN & ORS
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 11111
In the Supreme Court of Nigeria
Fri Mar 16, 1973
Suit Number: SC. 118/1971
CORAM
ELIAS, JUSTICE, SUPREME COURT
IBEKWE, JUSTICE, SUPREME COU
RT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
THE UNITED NIGERIA INSURANCE CO.LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff had an Insurance Contract with the defendant which covered medical Insurance. When Plaintiff sustained Injuries he sought to enforce the terms of the contract. The trial judge granted leave to enforce the #25,000 award; the defendant company appealed
HELD
1960 FSC 207/1959 [1960] NSCC 41
The court held that leave is granted to the claimant and that the appeal is dismissed. The terms of the arbitral award stands and the company shall pay same.
ISSUES
Whether the issue for determination by the arbitrator was narrowed down in the defence letter (Exhibit A) in which the matter for determination was the interpretation of item 2 (A) and (B) of the schedule to the policy.
RATIONES DECIDENDI
POINTS RAISED FOR DECISION
If a point is raised for decision and by implication has been decided, that is final. The Parties cannot be allowed thereafter to reopen it. – Per Elias
DECISIONS OF AN ARBITRATOR
When parties to a dispute submit to having it decided by an arbitrator it operates as a final and conclusive judgment. – per Elias CJN.
CASES CITED
(1) Wood vs. Hotham 51 ER 286.
(2) Jay vs. Bytes (1833) 32 MOO 8586
(3) Ingram vs. Miles 103 ER 414
(4) Middlemiss vs. Hartlepool Corporation (1972) 3 WLR 16 43
(5) Henderson vs. Henderson (1843) 3 Here 100
STATUTES REFERRED TO
Arbitration Act 1950
