Morkli & Another Vrs Sabla & Another [2022] GHAHC 72 (9 November 2022)

Morkli & Another Vrs Sabla & Another [2022] GHAHC 72 (9 November 2022)

The trial court erred in law by adopting and enforcing the arbitral award as consent judgment without the awards being properly tendered in evidence and without determining the validity or otherwise of the awards as a preliminary issue. The subject matter of the arbitration awards was not the same as the claim...

Source-derived case information.

Citation
[2022] GHAHC 72
Parties
Plaintiff: Husunugbo Morkli; Plaintiff: James Morkli; Defendant: George Yao Sabla; Defendant: Ami Sabla
Court
High Court
Jurisdiction
Ghana
Judgment Date
9 November 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Arbitration Awards, Res Judicata, Consent Judgment, Evidence Admissibility
Source Language
english
Civil Procedure Land Law Customary Law Arbitration Awards Res Judicata Consent Judgment Evidence Admissibility

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Parties

Husunugbo Morkli

Plaintiff

James Morkli

Plaintiff

George Yao Sabla

Defendant

Ami Sabla

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial court erred in adopting and enforcing an arbitral award as consent judgment
  2. 2 Whether the arbitral awards were properly tendered in evidence
  3. 3 Whether the doctrine of res judicata applied to the facts

Ratio Decidendi

The trial court erred in law by adopting and enforcing the arbitral award as consent judgment without the awards being properly tendered in evidence and without determining the validity or otherwise of the awards as a preliminary issue. The subject matter of the arbitration awards was not the same as the claim before the court.

Court Disposition

appeal allowed

Orders

  • Judgment of the District Court, Dzodze set aside
  • Case to be tried de novo at the District Magistrate’s Court