UNICHEM (GHANA) LIMITED & ANOR VRS. METROPOLIS HEALTHCARE (MAURITIUS) LTD. (J4/43/2023) [2024] GHASC 7 (21 February 2024)

UNICHEM (GHANA) LIMITED & ANOR VRS. METROPOLIS HEALTHCARE (MAURITIUS) LTD. (J4/43/2023) [2024] GHASC 7 (21 February 2024)

The arbitral tribunal, not the court, is the proper forum to determine the existence and validity of the agreements and arbitration clause under sections 3 and 24 of Act 798. Plaintiffs failed to prove forgery beyond reasonable doubt. The Court of Appeal's referral to arbitration and stay of proceedings was correct in law. Procedural errors regarding service did not vitiate the substantive decision.

Citation
UNICHEM (GHANA) LIMITED & ANOR VRS. METROPOLIS HEALTHCARE (MAURITIUS) LTD. (J4/43/2023) [2024] GHASC 7 (21 February 2024)
Parties
Plaintiff/respondent/appellant: Unichem (Ghana) Limited; Plaintiff/respondent/appellant: Suresh Kirpalani; Defendant/appellant/respondent: Metropolis Healthcare (Mauritius) Ltd.; Defendant/appellant/respondent: Metropolis Healthcare (Ghana) Ltd.
Court
ghasc
Jurisdiction
Ghana
Judgment Date
21 February 2024
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal dismissed
Legal Topics
Arbitration Agreement, Separability Doctrine, Kompetenz Kompetenz, Fraud in Contract Formation, Stay of Proceedings, Burden of Proof, Service Out of Jurisdiction
Source Language
eng
Arbitration Contract Law Civil Procedure Arbitration Agreement Separability Doctrine Kompetenz Kompetenz Fraud in Contract Formation Stay of Proceedings +2 more

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Parties

Unichem (Ghana) Limited

Plaintiff/respondent/appellant

Suresh Kirpalani

Plaintiff/respondent/appellant

Metropolis Healthcare (Mauritius) Ltd.

Defendant/appellant/respondent

Metropolis Healthcare (Ghana) Ltd.

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the dispute should be referred to arbitration when the existence of the agreement and arbitration clause is challenged
  2. 2 Whether the Court of Appeal erred in referring the matter to arbitration
  3. 3 Whether the Plaintiffs intended to resolve disputes by arbitration

Ratio Decidendi

The arbitral tribunal, not the court, is the proper forum to determine the existence and validity of the agreements and arbitration clause under sections 3 and 24 of Act 798. Plaintiffs failed to prove forgery beyond reasonable doubt. The Court of Appeal's referral to arbitration and stay of proceedings was correct in law. Procedural errors regarding service did not vitiate the substantive decision.

Court Disposition

appeal dismissed

Orders

  • Judgment of the Court of Appeal dated 17th June 2021 affirmed
  • Referral of parties to arbitration as per the arbitration clauses in the Agreements affirmed