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THE DUTCH AFRICAN TRADING COMPANY BV
V.
THE WEST AFRICAN MILLS COMPANY LTD.

(2016) JELR 65975 (HC)

High Court 28 Apr 2016 Ghana
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- The High Court dismissed the application to enforce a UK arbitral award, holding that compliance with section 59 of Ghana’s Alternative Dispute Resolution Act, 2010 (Act 798) is a mandatory statutory precondition for enforcement of foreig

Case Details

Suit Number:SUIT NO. MISC/0015/2016
Judges:SAMUEL K. A. ASIEDU
Counsel:MS. AYELEY AYEE FOR MS. ADELAIDE BENNEH PREMPEH FOR THE APPLICANT ,MR. PATRICK POKU MABOAH FOR MR. K. AMOFA-AGYEMANG FOR THE RESPONDENT

JUDGMENT

ASIEDU J.

By an originating motion on notice filed on the 8th February, 2016, the applicant seeks the leave of the court to enforce the arbitral award of the Federation of Cocoa Commerce, London, United Kingdom dated the 7th September, 2015. According to the applicant the application is premised upon the inherent jurisdiction of the court.

The reasons for the application are detailed out in an accompanying affidavit. The respondent is opposed to the application as indicated in its affidavit in opposition. Upon the filing of the application, the court ordered counsel to file their written submissions which they did. The respondent has taken issue with the propriety of the application before the court.

The facts and the reasons for the application are captured in paragraphs 5, 6, 7, 8, 9, 14, 17 and 18 of the supporting affidavit. According to the applicants:

“5. That by a claim submitted on 15th January 2014, the Applicant herein, the Claimant therein, a private limited liability c…

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