Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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…

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