Kpogo And 2 Others Vrs Avornyo And 2 Others (E12/21/2023) [2024] GHAHC 233 (30 July 2024)

Kpogo And 2 Others Vrs Avornyo And 2 Others (E12/21/2023) [2024] GHAHC 233 (30 July 2024)

The arbitral award could not operate as estoppel per rem judicatam because the proceedings were not conducted with fairness, impartiality, or full participation of both parties, and the statutory requirements for jurisdiction were not met after the plaintiffs' challenge. The award lacked finality and could not bar subsequent litigation.

Citation
Kpogo And 2 Others Vrs Avornyo And 2 Others (E12/21/2023) [2024] GHAHC 233 (30 July 2024)
Parties
Defendant/appellant: Patrick Kpogo; Defendant/appellant: Nani Kpogo; Defendant/appellant: Mensah Sewornu; Plaintiff/respondent: Francis Avornyo; Plaintiff/respondent: Afagbedzi Kini; Plaintiff/respondent: Kudzo Kini
Court
ghahc
Jurisdiction
Ghana
Judgment Date
30 July 2024
Procedural Posture
Civil Appeal / Interlocutory Appeal From District Court Ruling
Outcome
appeal dismissed
Legal Topics
Estoppel Per Rem Judicatam, Customary Arbitration, Finality of Arbitral Awards, Jurisdiction of Arbitral Panels
Source Language
eng
Civil Procedure Customary Law Alternative Dispute Resolution Estoppel Per Rem Judicatam Customary Arbitration Finality of Arbitral Awards Jurisdiction of Arbitral Panels

Case Brief

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Parties

Patrick Kpogo

Defendant/appellant

Nani Kpogo

Defendant/appellant

Mensah Sewornu

Defendant/appellant

Francis Avornyo

Plaintiff/respondent

Afagbedzi Kini

Plaintiff/respondent

Kudzo Kini

Plaintiff/respondent

Procedural Posture

Civil Appeal / Interlocutory Appeal From District Court Ruling

Legal Issues

  1. 1 Whether the arbitral proceedings and award of the Torgbui Akorli Dzesu II panel amount to finality and operate as estoppel per rem judicatam against the parties
  2. 2 Whether the arbitral award was valid and binding given the plaintiffs' withdrawal and protest
  3. 3 Whether the District Court suit is barred by the prior arbitration

Ratio Decidendi

The arbitral award could not operate as estoppel per rem judicatam because the proceedings were not conducted with fairness, impartiality, or full participation of both parties, and the statutory requirements for jurisdiction were not met after the plaintiffs' challenge. The award lacked finality and could not bar subsequent litigation.

Court Disposition

appeal dismissed

Orders

  • Suit referred back to the District Court, Agbozume for hearing and determination on the merits.