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HEILAND RESOURCES LIMITED
V.
SINOPEC INTERNATIONAL PETROLEUM LTD. & ORS

(2024) JELR 113266 (SC)

Supreme Court 11 Nov 2024 Ghana
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- The Supreme Court (majority) affirmed the Court of Appeal’s decision that disputes arising from additional or separate works outside the written Lateral Line Contract scope were not subject to the arbitration clause therein, as party auto

Case Details

Suit Number:J4/10/2024
Judges:OWUSU (MS.) JSC (PRESIDING) LOVELACE-JOHNSON (MS.) JSC ASEIDU JSC DARKO ASARE JSC ADJEI-FRIMPONG JSC
Counsel:KIMATHI KUENYEHIA ESQ. FOR THE PLAINTIFF/RESPONDENT/APPELLANT/RESPONDENT WITH EARL EYRAM FOSU ESQ. JOHN JARED KPESESE ESQ. ELLIOT ELIKEM OCLOO ESQ. AND MIRIAM SELINAM TSRI ESQ. WEIQIANG YANG ESQ. FOR THE 3RD DEFENDANT/APPELLANT/RESPONDENT/APPELLANT WITH PATRICK OFORI ESQ. PHILIPSON KWEKU ADETI ESQ. LED BY NYAABIIRE NSOBILLA ATINDAANA ESQ.

ASIEDU JSC:

[1]. INTRODUCTION:

My lords, this is an appeal from a judgment of the Court of Appeal delivered on the 28th July, 2022. In the said judgment, the Court of Appeal set aside a ruling delivered by the High Court in favour of the 3rd Defendant/Applicant/Respondent/Appellant (hereinafter referred to as the Appellant). The ruling of the High Court was delivered on the 6th July, 2021. The Plaintiff/Respondent/Appellant/Respondent shall hereinafter be referred to as the Respondent.

[2]. NOTICE OF APPEAL:

By a notice of appeal filed on 9th August, 2022, the Appellant raised the following grounds of appeal:

a. That the judgment is against the weight of evidence.

b. Additional grounds of appeal will be filed upon receipt of the record of appeal.

Pursuant to leave of this Court granted on the 6th February, 2024, the Appellant filed additional grounds of appeal on the 8th February, 2024. The additional grounds of appeal are that:

  1. The learned judges wrongly exercised their discretion in holding…

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