Public Policy

In addition to this requirement of public policy, the Law has also taken the view that a stale claim may not only be unfair to a defendant, it may wreak cruelty on him. The reason is simple: with the vagaries of events; the concatenation of avoidable and unavoidable circumstances and the sheer passage of time, such a defendant stands the chance of losing material pieces of evidence which, hitherto, formed part of the formidable arsenal in his defence.

My Lords, the above Limitation Law, like all Limitation Statutes owe their evolution to considerations founded on public policy. First, there is the ancient principle which is now famous for its ubiquity. It is expressed in Latin: interest rel publicae ut sit finis litium – it is in the public interest that there should be an end to litigation.

The law is clear on what would amount to misconduct which this Court listed in the case of STABILINI VISINONI LTD V. MALLINSON & PARTNERS LTD LPELR 23090 CA 2014.
It stated misconduct to include an Arbitrator failing to comply with the terms express or implied, an award which on the ground of public policy ought not to be enforced, an Arbitrator who collects bribe or corrupted, where the Arbitrator makes a mistake as to the scope of his authority from the agreement of reference, where the Arbitrator fails to decide all the matters referred to him, where he breached the rules of natural justice and he fails to act fairly between the parties. PER WILLIAMS-DAWODU, J.C.A.

The law is clear on what would amount to misconduct which this Court listed in the case of STABILINI VISINONI LTD V. MALLINSON & PARTNERS LTD LPELR 23090 CA 2014.
It stated misconduct to include an Arbitrator failing to comply with the terms express or implied, an award which on the ground of public policy ought not to be enforced, an Arbitrator who collects bribe or corrupted, where the Arbitrator makes a mistake as to the scope of his authority from the agreement of reference, where the Arbitrator fails to decide all the matters referred to him, where he breached the rules of natural justice and he fails to act fairly between the parties. PER WILLIAMS-DAWODU, J.C.A.