Ratio DecidendiRatio DecidendiRatio Decidendi



DE SIMONE LIMITED
V.
OLAM GHANA LIMITED

(2017) JELR 63585 (CA)    
Court of Appeal  ·  SUIT NO: H1/24/2016 ·  27 Apr 2017 ·  Ghana
CORAM
V.D. OFOE J.A (PRESIDING), ADUAMA OSEI J.A, AVRIL LOVELACE-JOHNSON J.A

Ratio Decidendi

Core Terms Beta
court
section
arbitration
defendant
plaintiff
arbitration agreement
counsel
supreme court
interpretation
provisions of section
admiralty case
entry of appearance
light of section
own motion
position
time frame
agreed manner
alternative dispute resolution act
arbitration clauses
business practice
cases
common sense
construction of the said factory
course of the evidence of the plaintiff
designation of the parties
first ground
following words
gist of the submissions of counsel
grounds of appeal
high court
illogical conclusion
interpretation of the mandatory provisions of section
issue of references
jurisdiction of the courts
latter section
light of the provisions of section
mandatory language of section
modern trend
only bone of contention
plaintiff states
position of counsel
real purpose
second ground
sections
shipping pvt limited
stay of proceedings
trial court
use of the word
vis section

JUDGMENT

AVRIL LOVELACE-JOHNSON (J.A)

The designation of the parties in the high court will be maintained in this appeal. The Plaintiff sued the Defendant for the recovery of the sum of US$6,146,363.09 being the amount owed them for work done regarding the construction of the latter's factory, interest thereon and an order extending the time for completing the construction of the said factory.

The Defendant denied this claim and counterclaimed for reliefs of its own.

Hearing in the suit commenced but in the course of the evidence of the Plaintiff's representative on 5th May 2015, the Defendant applied for a stay of proceedings and sought a referral of the matter to arbitration. The Plaintiff opposed this but the court granted the application. Being dissatisfied with this, the Plaintiff has filed the present appeal.

Two grounds of appeal were filed but Counsel for the Plaintiff states in his written submissions that only the second ground will be argued. The first ground that the ruling is …

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