This is an appeal against the decision of the Court of Appeal, Benin Division delivered on 12th April, 2000 which upheld the appeal of the Respondents herein.

The 3rd Respondent which was set up in accordance with the provisions of the Pools Betting (Control and Taxation) Edict of Edo State, 1986 unanimously gave judgment in favour of the 1st Respondent. It ordered the Appellant herein to pay the 1st Respondent the sum of N116,200.00. After the decision of the Arbitration Panel, the Appellant, through its Counsel appears to have agreed to pay the stated sum vide a document headed 'Receipt' dated 13/8/97 as contained on page 43 of the record of appeal.

The Appellant later refused to comply with the decision of the 3rd Respondent. Instead, it filed an application at the High Court of Justice, Benin City to seek an order of certiorari to quash the ruling of the 3rd Respondent. The trial Judge heard the application and, in his judgment, handed out on 12/3/98, he held 'that there exists on the face of the record said to be quashed serious error of law'. He thereafter quashed the decision of the 3rd Respondent which was delivered on 7/8/97; having found that the 3rd Respondent was not properly constituted according to law. This issue was not raised by the parties, but by the trial Judge suo motu. As well, he was not addressed by the learned Counsel for the Respondent on the salient point.

The Respondents felt unhappy with the stance posed by the trial Judge and appealed to the Court of Appeal (Court below) for short. The Court below, without any form of difficulty, upheld the Respondents' appeal. The Appellant has appealed to this Court.