In Re: Quo Vadis Hotels and Restaurants Ltd. v. In Re: Commissioner of Lands, Chief F. Edo-Osagie (1974)
LawGlobal-Hub Lead Judgment Report
G. B. A. COKER, J.S.C.
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 accordance with the Terms of Settlement agreed upon by both parties, all books, documents, etc., produced before the arbitrator (and/or referee) by either of the parties shall be made available to the other party for all purposes connected with this arbitration and reference.
(3) That the said arbitration shall be followed in due course by reference of the matter to the Referee as originally agreed and that all steps proper and necessary in order to effectuate the provisions of the Terms of Settlement agreed shall be taken accordingly.
(4) That the present applicants, that is to say, Quo Vadis Hotels, etc., shall pay to the respondent, Chief Edo Osagie, the costs occasioned by these proceedings fixed at N60.00.
SC.20/73
