Ratio DecidendiRatio Decidendi



C.I.L.E.
V.
CHIAVELLI AND ANOTHER

(1967) JELR 69730 (HC)    
High Court  ·  27 Nov 1967 ·  Ghana
 · 
Other Citations
[1967] GLR 651
CORAM
AMISSAH J.A.

Ratio Decidendi

Core Terms Beta
defendants
parties
goods
disputes
first defendant
second defendants
jurisdiction
judicial authority
foreign company
head office
jurisdiction of this court
nature of the transaction
plaintiffs’ claim
statement of claim
timber imports
amissah j.a.
arbitration clause
articles of association of the plaintiff-company
bills of lading of the said goods
cases of shirts
courts of this country
domicile of the shareholders
exception of the oblique references
exports of takoradi
first defendant’s assumption
forum of the judicial authority
full effect of law
head office of the company
important note
james finlay
judicial authority of the town
managing director of the second defendant-company
means of contract
opposing claims of the parties
original shareholders of that company
particulars of claim
plaintiff-company’s local representative
plaintiffs’ case
plaintiffs’ writ
power of friendly reconciliators
preliminary objection
present case
relative positions of the parties
return of the plaintiffs
scottish courts of jurisdiction
scottish merchants
suggested methods of interpretation of the domicile
talisker distillery
third party
total value of the plaintiffs

AMISSAH J.A.

A preliminary objection has been raised to this action proceeding in the courts of this country. The objection is based on the ground that the parties themselves have contracted that disputes between them should be settled by a court in Modena in Italy.

The endorsement to the plaintiffs’ writ is as follows:

“The plaintiffs’ claim is against the defendants jointly and severally for (a) recovery of the sum of N¢63,061.60 (It. Lit. 37,837,020) being the total value of the plaintiffs’ goods as per particulars of claim, sold by the defendants and which the defendants have made use of it and have refused to refund the same sum to the plaintiffs in spite of repeated demands, and (b) the return of the plaintiffs’ goods of `O.B.C.’ 225 cases of shirts shipped by the Bia River in March 1967, the bills of lading of the said goods which the plaintiffs gave to the defendants and which the defendants have refused to release to the plaintiffs.”

The plaintiffs are a company incorporated in I…

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