In the Supreme Court
On FRIDAY, 13TH JANUARY, 2017
SC.404/2013(R)
Before Their Lordships
WALTER SAMUEL NKANU ONNOGHEN JSC JSC
MARY UKAEGO PETER-ODILI JSC JSC
OLUKAYODE ARIWOOLA JSC JSC
KUMAI BAYANG AKA'AHS JSC JSC
KUDIRAT MOTONMORI O. KEKERE-EKUN JSC - (Delivered Lead Judgment) JSC
Between
FOLARIN ROTIMI ABIOLA WILLIAMS
TOKUNBO ENIOLA WILLIAMS
SAN
And
ADOLD/STAMM INTERNATIONAL (NIG) LTD
CHIEF ROTIMI WILLIAMS CHAMBERS
The appellants/respondents without filing a defence to this suit at the trial court filed an application seeking to refer this action to an arbitration pursuant to an arbitral clause contained in Rescission/Family Agreement. It is now being contended that the said family agreement has been rescinded hence the application to reply on the purported rescission in this court as fresh and further evidence through this application. The learned trial Judge on the 26/7/2007 dismissed the said application for lacking in merit and on appeal, the Court of Appeal, Lagos Division dismissed the appeal on the 1st day of March, 2013 and of note is that whilst the appeal at the Court of Appeal was pending, the 1st respondent/applicant said it became in possession of the Will of late Chief F. R. A. Williams SAN, CFR dated the 22nd day of June, 1954 which is now sought to be admitted as fresh evidence in this application as Exhibit AB/16.