GEORGE KODUA
V.
INTERBETON B.V.

(2004) JELR 63904 (CA)

Court of Appeal · CIVIL APPEAL NO.: HI/53/2004 · 26 Nov 2004 · Ghana

CORAM

ARYEETEY JA, QUAYE JA, ANIN-YEBOAH JA.

Ratio Decidendi

Core Terms ^Beta

appellants

arbitration

respondent

parties

trial judge

appellant

case

contract

stay of proceedings

trial court

government of ghana

statement of claim

writ of summons

agency agreement

learned trial judge

arbitration clause

high court

legal action

legal proceedings

part of the respondent

record shows

swiss law

amount of money

arbitration act

basis of the prayer

behalf of the appellant

case of any dispute

contractual obligations

facts of this case

following conditions

following manner

grant of interim injunction

i.c.c. rules of arbitration

merits of the application

part of his case

payment of outstanding contract sums

reference of the matter

respect of interim orders

said agreement

service of the writ

set aside

signing of a contract

statement of claim shows

stay of proceeding

united nations convention

validity of the said arbitration agreement

variation orders

ANIN YEBOAH, JA

This is an appeal from the High Court, Accra. The Plaintiff/Respondent (who shall simply be referred to in this judgment as the Respondent) commenced an action against the Defendant/Appellant (who shall simply be referred to as the Appellants) for several reliefs which according to the Respondent emanated from a contract in which the Respondent claimed was entitled to agency fees.

The pleadings in this case was not closed when this appeal was filed. The facts of this case are allegations of facts from the statement of claim filed on 31-1-2001 and several affidavits which parties filed together with some exhibits.

The Respondent alleged that he acted as agent for and on behalf of the Appellant to promote activities leading to the signing of a contract for the construction of Kumasi - Mampong -Ejura- Yeji road project which contract had been awarded to the Appellant who was a foreign firm engaged by the government of Ghana to undertake the project. According to the Responde…

GEORGE KODUA V. INTERBETON B.V.

GEORGE KODUA
V.
INTERBETON B.V.