DANIEL TETTEH NORPEWEJA, KWASI TEYE AND NENE TETTEH ZOGLI II
V.
EMMANUEL KWAKU NUERTEY, RAYMOND TERKPER OSANYONGMOR AND REV. SAMUEL NARH OSAKONOR

(2014) JELR 69947 (CA)    
Court of Appeal  ·  SUIT NO: H1/16/2014 ·  10 Dec 2014 ·  Ghana
CORAM
ADJEI J.A. (PRESIDING), LOVELACE-JOHNSON J.A., SOWAH J.A.
Core Terms Beta
respondents
appellants
arbitration
application
rule
issues
point of law
preliminary issue
trial court
trial judge
issue
appellate court
arbitration awards
civil procedure
high court
subject matter of the arbitration
writ of summons
alternative dispute resolution act
arbitration decision
arbitration tribunal
background facts
best thing
close of pleadings
court of appeal rules
crucial issues of the pleadings
decision of the trial court
determination of preliminary issue
following grounds of appeal
following words
fundamental issues of fact
high court koforidua
interlocutory appeal
judge
learned jusdges’ view
lower court
main cause
members of the zezeenya clan
own cause
presiding judge
reasonable cause
record of appeal
rules of procedure
ruling of the high court
set aside
stated grounds of appeal
subject matter of the present action
tetteh korda of the zezeeny clan
trial judge ought
view of the appellants

JUDGMENT

SOWAH, J.A:

On 22nd January 2014, the High Court Koforidua refused an application by the defendants/appellants’ to dismiss the writ of summons filed by the plaintiff/respondents'. Being dissatisfied with the Ruling, the appellants' have filed this interlocutory appeal, praying that the ruling of the High Court be set aside and the suit filed by the respondents be dismissed with heavy cost against respondents.

The background facts which have culminated in this appeal are as follows: The respondents filed a writ of summons praying for an Order setting aside an arbitration which was held at the Tribunal of the Kornor of Manya Krobo in 2009. The subject matter of the arbitration was a parcel of land. The respondents' alleged that the requirement of Natural Justice that no man shall be judge in his own cause had been breached by one of the panel of arbitrators. The appellants entered appearance and filed a statement of defence in which they averred and contended that the respondents …

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