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THE LIQUIDATOR OF EFUFU C.P.M.S LTD(J.F. OGUNKOYA) V. EMMANUEL ABEYEFA

(1970) JELR 47618 (SC)

Supreme Court  •  SC.16/1968  •  30 Jan 1970  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; IAN LEWIS JSC; CHARLES OLUSOJI MADARIKAN JSC;

Judgement

LEWIS, J.S.C. (Delivering the Leading Judgment)- In suit M/2/67 in the Oshogbo High Court the applicant filed a motion seeking an order to enforce an arbitration award made on the 26th of February, 1965 whereby in accordance with the provisions of section 51(5)(c) of the Co-operative Societies Law (Cap. 26) of the Western State which reads:-

"(c) The decision shall, on the application of the party in whose favour it is given, be enforced by any court which would have jurisdiction in civil suits between the parties to the dispute to give a judgement for the payment of the amount awarded or, where the decision does not relate to the payment of money, to give a similar decision, in the same manner as if the decision had been a judgement or decision of such court. ",

the arbitrator had ordered that:-

"Mr Emmanuel Adeyefa should pay the Liquidator of Efufu C.P.M.S. Limited, Mr J. F. Ogunkoya, Co-operative Inspector Grade 1, Oshogbo the sum of 658pounds.16s.11d (Six hundred and fifty eight…

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