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AJ FANJ CONSTRUCTION & INDUSTRIAL ENGINEERING LTD
V.
GHACEM LTD & ANOR.

(2024) JELR 115899 (HC)

High Court 21 May 2024 Ghana
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- The dispute arose from a contract dated 8 July 2009 between the plaintiff and the 2nd defendant for limestone mining operations, containing an arbitration clause designating arbitration as the agreed mode of dispute resolution. - Followin

Case Details

Suit Number:CM/BDC/0343/19
Judges:AFIA N. ADU-AMANKWA (MRS.) J.
Counsel:Isaac Okyere-Kumah (holding Kwaku Yeboah Appiah’s brief) appears for the Plaintiff/Respondent. Abena A. Asomaning (holding Daniel Sagu Osei’s brief) appears for the 1st Defendant. Kwami Adobor (holding S. Kwami Tetteh’s brief) appears for the 2nd defendant/Applicant.
Location:Accra

RULING

INTRODUCTION

This ruling pertains to an application by the 2nd defendant/applicant to be struck out as a party pursuant to Order 4 r. 5(2)(a) of the High Court (Civil Procedure) Rules, 2004, C. I. 47 and the court’s inherent jurisdiction. She grounds her application on the argument that it is an abuse of process and unjust for her to be pursued in both arbitration and court concerning a cause of action based on the same facts. For ease of reference, the 2nd defendant/applicant and plaintiff/respondent will be referred to as the 2nd defendant and plaintiff, respectively.

FACTS

To help clarify the issues at stake, it would be appropriate to provide a background of the facts predicating the present application. On 8th July 2009, the plaintiff entered into a contract with the 2nd defendant for the operation of limestone mining, crushing and haulage from its concessions at Yongwa in the Eastern region. In June 2016, the Yongwa Concession was attached in execution of a judgment debt obta…

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