Akpan Udo Obong Inyang (Sub-stituted For George Inyang Of Ikotoku Nsit Deceased) V. Akpan Akpan Udo Udo (Substituted For Akpan Udo Udo Of Ikot Asat Deceased) (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Civil Procedure—Claim for declaration of title and injunction—Reference .to arbitrator to fix boundaries between two villages—Arbitrator not taking evidence but reviewing evidence before Native Court—No record of arbitration proceedings—Judgment as to boundaries on arbitrator’s report, including land not in claim—Judgment not dealing with issues in claim—Appeal.

Facts

In an action claiming a declaration of title to certain land and an injunction the High Court made a consent order appointing an arbitrator to find the boundary between the respective lands appurtenant to two villages. The arbitrator without hearing evidence, reviewed the evidence given before a Native Court, visited the area and checked plans ; he submitted these with a report but without any record of proceedings before him. The High Court declined to determine the issue of ownership but gave judgment as to the boundary based on the arbitrator’s report and an injunction regarding certain land shown on the plan attached thereto. On appeal :-

Held

that the consent order of reference did not limit the claim to fixing the boundary of the land in dispute.

Held also that the arbitrator’s failure to take evidence and send a record of the proceedings before him was fundamentally wrong and vitiated the trial.

Held further, that subject to amendment of claim, the issues should be those appearing in the writ.

Quaere whether it is appropriate to order arbitration on a !natter in an action where it throws the burden in a land case on the arbitrator of taking a large part of the evidence for the trial of the action.

Appeal allowed. Judgment set aside. Case remitted for rehearing.