Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



A.J. FANJ CONSTRUCTION & INDUSTRIAL & ENGINEERING LIMITED
V.
GHACEM LIMITED

(2019) JELR 63524 (HC)    
High Court  ·  SUIT NO. CM/BDC/0343/2019 ·  16 Apr 2019 ·  Ghana
CORAM
ERIC K. BAFFOUR ESQ. J

Ratio Decidendi

Core Terms Beta
applicant
respondent
party
res judicata
arbitration proceedings
court
supreme court
arbitration
yongwa contract
arbitral proceedings
high court
arbitration agreement
court of competent jurisdiction
arbitration clause
commercial division
decision of the high court
arbitral tribunal
cause of action estoppel
cause of action estoppels
decision of asiedu j.
dismissal of the suit
essential element
issue estoppel
joinder of applicant
abuse of judicial process
abuse of the process of the court
adama-thompson
anglogold ashanti suit no j4/22/2018
case of poku v
cases of speedline stevedoring co ltd
civil procedure
civil proceedings
course of the arbitral proceedings
earlier decision
ex-parte ahinakwa
ex-parte brenya
fresh action
managing director of applicant company
misconception of the principles of res judicata
previous litigation
public policy
res judicata principle
respondent notes
ruling of the arbitral tribunal
ruling of the high court
stage of the proceedings
statement of claim
supervisory jurisdiction of the supreme court
veritable abuse of the judicial process
west africa quarries ltd

BAFFOUR, J.

It is provided under Order 11 rule 18(1)(d) of the High Court (Civil Procedure) Rules, 2004, C. I. 47 that:

“The Court may at any stage of the proceedings order any pleadings or anything in any pleadings to be struck out on the grounds that:
(d) it is otherwise an abuse of the process of the Court”
And may order the action to be stayed or dismissed or judgment to be entered accordingly.”

Defendant/Applicant has mounted this application calling for the dismissal of the suit upon the ground that the suit instituted by Respondent constitutes a veritable abuse of the judicial process in so far as according to Applicant this suit has effectively been determined and therefore was res judicata.

The factual grounds giving rise to this application as deposed to in the affidavit by one Morten Gade, the Managing Director of Applicant company is that Respondent commenced arbitral proceedings against West Africa Quarries Ltd (WAQL) pursuant to an agreement that specified resolution of disput…

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