NWALEM NWEKE V. ENUCH NWUZI

M. DATTIJO MUHAMMAD, J.C.A (Delivering the Leading Judgment): This appeal once again brings into focus the place of precedents and stare decisis in the adjudication process. The question the Appellants seem to ask is why the principles enunciated in earlier cases should govern similar facts as occur in the instant matter. In concrete terms, the Appellants seek to know what customary arbitration connotes and whether by the facts of the instant case one could be said to have occurred and binds parties herein. A subsidiary issue in the appeal pertains the role of the appellate court in the event of a trial court's failure to evaluate, correctly, the evidence led by parties for and against the case before that court. The facts that brought about the appeal are brief and undisputed. I shall state them at once.

The Respondent as plaintiff commenced suit No. AHC/164/86 against the Appellants being the defendants at the Rivers State High Court claiming some declaratory and injunctive reliefs …