EBOKAN
V.
EKWENIBE & SONS TRADING COMPANY
·
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…