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APPIAH
V.
OKYIR AND ANOTHER

(1963) JELR 83917 (HC)

High Court 28 Feb 1963 Ghana
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Case Details

Judges:SOWAH J.
Counsel:R. J. Hayfron-Benjamin for the plaintiff. D. Myles Abadoo for the defendants
Location:Capecoast
Other Citations:[1963] 1 GLR 201 - 204

JUDGMENT

SOWAH J.

In this action counsel for the defendants submitted at the close of the case for the parties that the procedure adopted by the plaintiff in issuing out a writ of summons for the enforcement of the arbitration award is bad in law and that the only method open to the plaintiff was to have taken out an originating summons, and that his failure to do so vitiates the whole of the proceedings, consequently the action should either be dismissed or struck out as irregular or improper.

Counsel refers to section 29 of the Arbitration Act, 1961, Act 38., which states as follows:

"An award on an arbitration agreement may, by leave of the court, be enforced in the same manner as a judgment or order to the same effect and, where leave is so given, judgment may be entered in terms of the award."

Counsel further refers to Order 54A, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954.

I propose firstly to deal with the submission of counsel on this point since if this contentio…

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