J. A. FABIYI, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Benin Division delivered on 12th April, 2000 which upheld the appeal of the respondent herein.
The 3rd respondent which was set up in accordance with the provisions of the Pools Betting (Control and Taxation) Edict of Edo State, 1986 unanimously gave judgment in favour of the 1st respondent. It ordered the appellant herein to pay the 1st respondent the sum of N116,200.00. After the decision of the Arbitration Panel, the appellant, through its counsel appears to have agreed to pay the stated sum vide a document headed 'RECEIPT' dated 13/8/97 as contained on page 43 of the record of appeal.
The appellant later refused to comply with the decision of the 3rd respondent. Instead, it filed an application at the High Court of Justice, Benin City to seek an order of certiorari to quash the ruling of the 3rd respondent. The trial judge heard the application and in his judgment …