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ARAKA
V.
EJEUGWU

(1998) JELR 45631 (CA)

Court of Appeal 25 Nov 1998 Nigeria
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Case Details

Suit Number:CA/E/115/98
Judges:JUSTIN THOMPSON AKPABIO JCA ISA AYO SALAMI JCA NIKI TOBI JCA
Counsel:Onyechi Araka, Esq., For the Appellant; G.E. Ezeuko, SAN (with him, B.O. Igwe) For the Respondent.

SALAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Amaizu J., delivered on 29th day of January, 1996, in which he set aside the award of an arbitrator, Mr. Damian Okolo and remitted the matter to the arbitrator to arbitrate within the ambit of the submission.

The applicant by an originating summons commenced an action for the recognition and enforcement of an award. The award was made pursuance or the deed of lease made between the parties on 9th October, 1975. Clause 4(a) of the deed of lease provides for revision of the reserved rent every fifteen years while clause 4(b) provides thus-

"If the leasor and lessee are unable to agree as to the rent to be paid upon revision as aforesaid, the matter shall be referred to an arbitrator agreed upon by them or in the absence of such agreement to an arbitrator appointed by a judge of the High Court."

Sequel to the inabilities of the parties to agree upon an arbitrator, Olike, J., appointed Okolo, Barrist…

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