A dispute arose between the appellant and respondent as to the rent payable upon the revision of a lease between them. In accordance with the terms of the lease, the court appointed an arbitrator for the parties upon their failure to agree on one. The arbitrator in his award a fixed a certain sum as rent payable annually by the respondent to the appellant lessor.

Thereafter, appellant applied to the High Court through an originating summons for the recognition and enforcement of the arbitral award. Respondent filed a counter-affidavit to the summons alluding to the arbitrator’s misconduct by his acting outside his jurisdiction. Five days later, the respondent filed a motion asking the court to set aside the award or remit the matter to the arbitrator or another arbitrator. There was no affidavit in support of the motion.

The trial court held that the arbitrator misconducted himself and set aside the award.

Dissatisfied with the ruling, the appellant appealed to the Court of Appeal.