(1967) JELR 69548 (HC)    
High Court  ·  26 May 1967 ·  Ghana
Other Citations
[1967] GLR 372
Core Terms Beta
further evidence
breach of exhibits
ideal bakery
set aside
archer j.
breach of the agreement
contract of employment
course of the arbitration
inter alia
management of the french electric bakery
plaintiff’s bakery
reconsidered award
tenancy agreement
whole time
agreements of this kind
arbitrator’s original powers
bakery premises
bowyer’s society
consideration of such evidence
considered view
defendant’s behalf
defendant’s detriment
earlier view
evidence shows
fact make
first award
fresh evidence
g4,000 amount
good reasons
management of the employer
month of the net profit
mr. jonathan arthur
original award of the arbitrator
review of the order of archer j.
said breach
service agreements
special damage
specific part of the award
substance of this argument
such misconduct
type of agreement
vide exhibit b

AMISSAH J.A.: The defendant has asked this court to set aside an award made by the arbitrator, Mr. Jonathan Arthur, in this dispute which was referred to him. Counsel has argued on the defendant’s behalf that the arbitrator misconducted himself to his client’s prejudice in that the arbitrator wrongly construed what was in fact a tenancy agreement between the plaintiff and the defendant as a contract of employment. Thus consequences which flow from the one type of agreement but not from the other have been wrongly attributed to that other to the defendant’s detriment.

The arbitration arose out of an agreement whereby the defendant undertook to manage the plaintiff’s bakery. The plaintiff was described in the agreement as the employer and the defendant as the employee. There was the clause usual in service agreements that the employee shall devote his services exclusively to the management of the employer’s business. But there was another clause somewhat unusual in agreements of this kin…

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