IN RE QUO VADIS H. & R. LTD.
V.
IN RE COMM. OF LANDS,EDO-OSAGIE

(1974) JELR 44440 (SC)    

Supreme Court  ·  SC.20/73 ·  26 Nov 1974 ·  Nigeria
 · 
Other Citations
(1974) All N.L.R 854 (1974) 11 S.C. 185
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
parties
arbitrator
matter
accordance
books
documents
referee
terms of settlement
arbitration
argument
chief edo osagie
circumstances
claims
conclusion
controversy
costs
determination de novo
due course
effect
entire matter
failure of the arbitrator
first hearing
following orders
g. b. a. coker
hearing
j.s.c.
leading ruling
n60.00
order
order of the referee
orders
orders of the arbitrator
party
place
present applicants
present proceedings
proceedings
provisions of the terms of settlement
purpose
purposes
quo vadis hotels
reference
reference of the matter
refusal of the present applicants
respondent
said arbitration
setting
steps
terms of his reference

G. B. A. COKER, J.S.C. (Delivering the Leading Ruling): After listening to argument from both parties in this matter, we have come to the conclusion that the failure of the arbitrator to conclude the present proceedings in accordance with the terms of his reference was caused by the refusal of the present applicants to produce the books and other documents upon which they founded their claims before the arbitrator. These parties cannot therefore now be heard to request for the setting aside of the Terms of Settlement for the purpose of throwing open the entire matter in controversy. In the circumstances, we set aside the orders of the arbitrator and thereby affirm the order of the Referee to the effect that neither of the parties is bound by the orders made in this matter by the arbitrator. We also make the following orders:-..

(1) This matter is remitted back to the same arbitrator for hearing and determination de novo and as if the first hearing had not taken place.

(2) In accordanc…

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