Ratio Decidendi



IMPERIAL HOMES LTD
V.
VICTORIA BRIGHT, RIVONIA LTD. AND LANDS COMMISSION

(2021) JELR 108980 (CA)    
Court of Appeal  ·  H1/114/2017 ·  20 May 2021 ·  Ghana
CORAM
HENRY KWOFIE JA (PRESIDING), P. BRIGHT MENSAH JA, OBENG-MANU JNR. JA

Ratio Decidendi

Core Terms Beta
plaintiff
1st defendant
arbitration
court
dispute
clause
arbitration agreement
joint venture agreement
trial judge
appeal
development agreement
2nd defendant
arbitration clause
party
defendants
learned judge
plaintiff’s case
respondents
ruling of the high court
1st respondent’s case
2nd defendant’s attempt
3rd december
3rd defendant
alternative despite resolution act
ashanti gold
beneficial joint owners of land
case of the plaintiff
consent of the plaintiff
following reliefs
high court judge
honourable court
justice henry kwofie
justice obeng-manu jnr
justice p. bright mensah
main issue
obeng-manu
part-payment of the agreed consideration
ruling of the trial
specific performance of the joint venture agreement
terms of the joint venture agreement
trial court
trial high court
virtue of a lease agreement
written consent of the plaintiff

JUDGMENT

HENRY KWOFIE JA

This is an appeal by the plaintiff/appellant against the ruling of the High Court, Accra  dated the 4th of March 2016. The appeal resulted from a ruling of the High Court staying  proceedings in the suit before the trial High Court and referring same to the Court  connected ADR following an application by the 1st defendant/respondent before the  High Court for an order staying proceedings and referring the Suit to arbitration. 

The facts giving rise to this appeal are that on 3rd December, 2015 the plaintiff instituted  an action against the defendants/respondents claiming the following reliefs: 

a) A declaration that as beneficial joint owners of land known as Plot No. 86, Roman Ridge  Residential Area, the 1st defendant cannot sell the whole of the said land to the 2nd defendant  or any other party without the consent of the plaintiff. 
b) An order for Specific Performance of the Joint Venture Agreement dated 29th December  2014. 
c) A declaration that the 2nd def…
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