EBOKAN
V.
EKWENIBE & SONS TRADING COMPANY

(2000) JELR 44136 (CA)

Court of Appeal · CA/L/162/91 · 12 Apr 2000 · Nigeria
·

Other Citations

Ebokan v. Ekwenibe & Sons. Trading Co. (2001) 2 NWLR (Pt.696)32

CORAM

GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

award

application

lower court

respondent

parties

arbitration

2nd respondent

sole arbitrator

1st respondent

mr. uche chigbo

leading judgment

support of the application

arbitration panel

messrs. uche chigbo

record of proceedings

set aside

appointment of an arbitrator

partnership agreement

a.c.a. of uche chigbo

agreement of the parties

appointed arbitrator

arbitral agreement

arbitral tribunal

business partners

case of the parties

certified copy

circumstances of the application

conciliation act

co. of no.4 old hospital road

copy of the proceedings

costs of the arbitration

decision of a tribunal of their own selection

final conclusion

high court

learned judge

logical conclusion

only alternative

own understanding of the order of this court

pieces of record of proceedings

points of claim

resident partner of uche chigbo

respect of the consolidated applications

ruling of the lower court

said appointment

said arbitration proceedings

sitting of mr. reginald i. ochiogu

submissions of both counsel

sufficient evidence

way of contribution

OGUNTADE JCA (DELIVERING THE LEADING JUDGMENT): The parties had commenced a relationship between them as business partners. The agreement of the parties was that profits of the business be shared on ratio 14 to 1 as between the appellant and the respondent respectively. The respondent in the exercise of the options available to it under the partnership agreement decided to bring the relationship to an end. In reaction, the appellant called for an account of the business. When this was not forthcoming, he brought an application before the lower court for the appointment of an arbitrator to settle the issues between the parties. The arbitrators so appointed on 23/3/87, were Messrs. Uche Chigbo and Co. of No.4 Old Hospital Road, Onitsha.

The arbitrators made their award. In reaction, the respondent brought an application before the lower court to set aside the award. The appellant filed another application to enforce the award. The lower court on 26/7/90, struck out the two applications t…

EBOKAN V. EKWENIBE & SONS TRADING COMPANY

EBOKAN
V.
EKWENIBE & SONS TRADING COMPANY