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MR. KWADWO TWENEBOA KODUA
V.
MADAM AMMA DORA

(2025) JELR 113136 (HC)

High Court 17 Mar 2025 Ghana
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- The dispute concerned enforcement of a customary arbitration award relating to land possession, where the Respondent sought enforcement in the District Court after an arbitration at Amuana Praso Chief’s Palace ruled in his favour. - The A

Case Details

Suit Number:C11/04/2024
Judges:CYNTHIA MARTINSON (MRS), J
Counsel:Kwami Dorgbley Esq. holding the brief of Francis Osei-Nsiah Esq. for the Defendant/ Applicant/ Appellant present. Nana Kwasi Owusu-Poku Esq. for the Plaintiff / Respondent/ Respondent present.
Location:Nkawkaw

JUDGMENT

INTRODUCTION:

[1] On 16th August 2023, the Defendant / Applicant /Appellant (hereinafter called the Appellant) filed the instant appeal against the Plaintiff/Respondent/Respondent [hereinafter called the Respondent]. The appeal is in respect of a Ruling by the District Court Nkawkaw dated 22nd June 2023.

[2] The ruling is found at pages; 21-22 of the Record of Appeal. (ROA). The ruling concluded that, the parties agreed to be bound by the Decision of the Arbitration Panel.

[3] The Court reasoned that, prior agreement to be bound cannot be displaced by subsequent act. The Magistrate, Isaac Agyei Esq. concluded that, the appellant's recalcitrant act of not obeying the decision of the arbitrators is not a valid ground for setting aside arbitration award against the Respondent.

[4] The Court therefore awarded costs of GH500 against the Appellant in favour of the respondent. The Appellant not satisfied with the decision of the lower court has mounted this appeal against the ruling of H…

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