Coffie Vrs Ababio [2023] GHADC 236 (16 March 2023)

The plaintiff’s writ of summons is incompetent as the proper procedure for enforcement of an arbitration award under Act 798 was not followed; the writ and subsequent proceedings are void.

Citation: [2023] GHADC 236
Parties: Plaintiff: Michael Coffie; Defendant: Nana Oteng Ababio
Court: District Court
Jurisdiction: Ghana
Judgment Date: 16 March 2023
Procedural Posture: Civil / Judgment
Outcome: Plaintiff’s writ dismissed as incompetent; no order as to costs.
Legal Topics: Arbitration Award Enforcement, Jurisdiction, Res Judicata
Source Language: English

Civil Procedure Alternative Dispute Resolution Arbitration Award Enforcement Jurisdiction Res Judicata

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Michael Coffie

Plaintiff

Nana Oteng Ababio

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether a writ of summons is competent for enforcement of an arbitration award
2 Whether the plaintiff followed the correct procedure for enforcement of a customary arbitration award

Ratio Decidendi

The plaintiff’s writ of summons is incompetent as the proper procedure for enforcement of an arbitration award under Act 798 was not followed; the writ and subsequent proceedings are void.

Court Disposition

Plaintiff’s writ dismissed as incompetent; no order as to costs.