KUTTIN V ASAMOAH (A2/37/2023) [2024] GHADC 525 (18 October 2024)

KUTTIN V ASAMOAH (A2/37/2023) [2024] GHADC 525 (18 October 2024)

The Plaintiff failed to prove that the Defendant submitted to arbitration at the Fomena Traditional Council or paid any submission fees, and there was no binding arbitration award in Plaintiff's favour. The inconsistencies in Plaintiff's evidence and lack of proof of Defendant's consent to arbitration led to dismissal of the claim.

Citation
KUTTIN V ASAMOAH (A2/37/2023) [2024] GHADC 525 (18 October 2024)
Parties
Plaintiff: Isaac Kuttin; Defendant: James Owusu Asamoah
Court
ghadc
Jurisdiction
Ghana
Judgment Date
18 October 2024
Procedural Posture
Civil / Judgment
Outcome
Plaintiff's claim dismissed as unmeritorious.
Legal Topics
Arbitration Costs, Customary Arbitration, Negotiated Settlement, Burden of Proof
Source Language
eng
Civil Procedure Customary Law Alternative Dispute Resolution Arbitration Costs Customary Arbitration Negotiated Settlement Burden of Proof

Case Brief

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Parties

Isaac Kuttin

Plaintiff

James Owusu Asamoah

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the decision of the chief of Boaitey and his elders was binding on the parties
  2. 2 Whether the decision of the chief of Boaitey was appealable to the Fomena Traditional Council
  3. 3 Whether an award was given by the Fomena Traditional Council

Ratio Decidendi

The Plaintiff failed to prove that the Defendant submitted to arbitration at the Fomena Traditional Council or paid any submission fees, and there was no binding arbitration award in Plaintiff's favour. The inconsistencies in Plaintiff's evidence and lack of proof of Defendant's consent to arbitration led to dismissal of the claim.

Court Disposition

Plaintiff's claim dismissed as unmeritorious.

Orders

  • Plaintiff's claim is dismissed.
  • Plaintiff to pay costs of GHC 2,000.00 to Defendant.