Arbitration and Conciliation Act 1988 (Section 5): Pinning the Nigerian Courts to the Era of Demurrer
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Date
2013
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International Journal of Humanities and Social Science, 3 (11)
Abstract
A legal contrast it would seem where there exist two provisions of law which are complete opposite especially where the two provisions has to work together. That would be the case with the provision of section 5 of the
Arbitration and Conciliation Act 1988 demanding the application of a procedure in the same Court (High Courts) that has abolished that same procedure (Demurrer) by its procedural rule. The essence of this paper is to examine the various provisions of the High Rules on pleadings in lieu of
demurrer and Sections 5 Arbitration and Conciliation Act in order to determine its workings in the judicial system.
The paper further suggests how the conflict can be resolved with recommendation.
Key Words:Arbitration, Strike-out, Demurrer, High Court Civil Procedure Rule
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IJMSS 3 (3)