Hashim Yeop Sani J:

The amended notice of originating motion sought to have the period of 6 weeks limited by O. 69 r. 4(1) of the Rules of the High Court 1980for an application to remit an award under s. 23 of the Arbitration ACt 1952extended on the grounds given in the affidavit of the 1st and 4th applicants. The applicants also sought to remit matters relating to certain payments made and whether the payments were accounted for by the arbitrator.

To get our perspective right let us first examine the relevant provisions of the Arbitration Act 1952.Section 23 of the Act provides that the High Court.Section 24 of the Actinter aliaprovides that the High Court may set aside an award where it is satisfied that an arbitrator has misconducted himself or that the award has been improperly procured. Order 69 r. 4(1) of the Rules of the High Court 1980provides that an application to remit an award under s. 23 of the Arbitration Actmay be made within 6 weeks after the award has been made and published.

The award concerned was made on 2 April 1981 - Exhibit P10 attached to the affidavit of the applicants. The originating motion was first taken out on 16 September 1981 and subsequentl