(1999) JELR 69521 (CA)    
Court of Appeal  ·  29 Apr 1999 ·  Ghana
Other Citations
[1999-2000] 1 GLR 331
Core Terms Beta
trial judge
second defendant
first defendant
stay of proceedings
action of the plaintiff
second defendant company
third defendant company
appointment of an arbitrator
proper law of the contract
aryeetey j
inherent jurisdiction of the court
limited liability company
next adjourned date
partnership agreement
trial court
order of aryeetey j
statement of claim
arbitration act
behalf of the second defendant company
case docket
forum conveniens
further order
high court of justice
learned judge
pursuance of the commission amount contract
set aside
additional judge of the high court
arbitration requirement
authority of the second defendant company
case law
final order
first august
first ground of appeal
following reliefs
further argument
host of other cases
law of the lebanon
movement of the file
number of grounds of appeal
order of the court
state of the record
such cases
support of his application

LAMPTEY JA.: On 23 June 1995 Omar Mahmoud Fatal in a representative capacity as the plaintiff sued the defendants, namely (1) Faraz Mahmoud Fattal; (2) Rana Motors and Metal Works Engineering Co Ltd; and (3) Kia Motor Corporation and claimed against the defendants the reliefs endorsed on the writ of summons. A statement of claim was filed with the writ. On 5 July 1995 a statement of defence was filed for the second defendant company. On 6 July 1995 solicitors acting for the first defendant entered conditional appearance for the first defendant. Because the third defendant company was an external company and resided out of the jurisdiction, the plaintiff applied for leave to serve process on the third defendant company out of the jurisdiction. The solicitors acting for the second defendant filed a statement of defence on behalf of the second defendant company on 28 July 1995. The solicitor acting for the first defendant filed a motion on notice praying the court for an order striking o…

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