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