Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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