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ROYAL EXCHANGE ASSURANCE V. BENTWORTH FINANCE (NIGERIA) LTD

(1976) JELR 42488 (SC)

Supreme Court  •  SC.252/1969  •  26 Nov 1976  •  Nigeria

Coram
UDO UDOMA JSC; MOHAMMED BELLO JSC; CHUKWUNWEIKE IDIGBE JSC;

Appearances
Mr. J.A. Cole For Appellant Mr. A. Odofin For Respondent

Judgement
<p>SIR UDO UDOMA, J.S.C. (Delivering the Leading Judgment): There is only one point of law which was raised and argued before us and which calls for decision in this appeal. The point is of considerable importance and appears to have been raised in this court for the first time in this form since the promulgation of the Arbitration Act (Cap.13) in 1914, which is surprising. It relates to the power exerciseable by the court under Section 6 of the Arbitration Act (Cap.13); and concerns a hire-purchase transaction.</p><p> The matter now before us on appeal arose in this way:</p><p> On 26th June, 1965 Benworth Finance (Nigeria) Limited (hereinafter in this judgment to be referred to as the respondents) carrying on business as a hire-purchase company in Lagos entered into a hire-purchase agreement, Exhibit &#x27;A&#x27;, in these proceedings with one Mark Ogunfolu Kayode in respect of a Peugeot 404 family taxi car. The respondents were in the agreement, Exhibit &#x27;A&#x27;, described as the owners of the Peugeot 404 family …</p>

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