Westchester Resources Ltd Vrs Ashanti Goldfields Co Ltd and Others [2015] GHASC 103 (11 November 2015)

Westchester Resources Ltd Vrs Ashanti Goldfields Co Ltd and Others [2015] GHASC 103 (11 November 2015)

The trial of the consolidated cases by the High Court after reference to arbitration was a nullity for lack of jurisdiction, as the Arbitration Act, 1961 (Act 38) did not permit the court to resume jurisdiction in the circumstances.

Citation
[2015] GHASC 103
Parties
Plaintiff/respondent: Westchester Resources Ltd.; Plaintiff/respondent: Africore (GH) Ltd.; Defendant/appellant: Ashanti Goldfields Co. Ltd.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
11 November 2015
Procedural Posture
Civil Appeal / Judgment on Appeal to Supreme Court
Outcome
appeal allowed
Legal Topics
Arbitration Clause, Jurisdiction, Stay of Proceedings, Relisting of Suits, Effect of Reference to Arbitration
Source Language
English
Arbitration Civil Procedure Arbitration Clause Jurisdiction Stay of Proceedings Relisting of Suits Effect of Reference to Arbitration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Westchester Resources Ltd.

Plaintiff/respondent

Africore (GH) Ltd.

Plaintiff/respondent

Ashanti Goldfields Co. Ltd.

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal to Supreme Court

Legal Issues

  1. 1 Whether the High Court had jurisdiction to try the case after reference to arbitration under the Arbitration Act, 1961 (Act 38)
  2. 2 Whether failure to formally relist a struck out suit before trial is a fatal procedural defect

Ratio Decidendi

The trial of the consolidated cases by the High Court after reference to arbitration was a nullity for lack of jurisdiction, as the Arbitration Act, 1961 (Act 38) did not permit the court to resume jurisdiction in the circumstances.

Court Disposition

appeal allowed

Orders

  • Judgments of the High Court and Court of Appeal set aside.
  • Consolidated cases remitted to the trial court for proceedings in accordance with the applicable law.