A.J. Fanj Construction and Industrial Engineering Ltd Vrs Ghacem Limited [2022] GHASC 71 (2 March 2022)

A.J. Fanj Construction and Industrial Engineering Ltd Vrs Ghacem Limited [2022] GHASC 71 (2 March 2022)

The Supreme Court held that neither the arbitral tribunal nor the Supreme Court had previously determined the substantive claims now brought by the appellant against GHACEM; prior proceedings only addressed whether a non-signatory could be joined to arbitration. Therefore, res judicata and abuse of process do not apply, and the appellant's suit may proceed.

Citation
[2022] GHASC 71
Parties
Plaintiff/respondent/appellant: A. J. FANJ Construction and Industrial Engineering Ltd.; Defendant/appellant/respondent: GHACEM Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
2 March 2022
Procedural Posture
Civil Appeal / Judgment on Appeal From Court of Appeal to Supreme Court
Outcome
appeal allowed
Legal Topics
Res Judicata, Abuse of Process, Joinder of Parties, Arbitration Agreements, Lifting Corporate Veil
Source Language
English
Civil Procedure Arbitration Contract Law Res Judicata Abuse of Process Joinder of Parties Arbitration Agreements Lifting Corporate Veil

Case Brief

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Parties

A. J. FANJ Construction and Industrial Engineering Ltd.

Plaintiff/respondent/appellant

GHACEM Limited

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Court of Appeal to Supreme Court

Legal Issues

  1. 1 Whether the appellant's suit is barred by res judicata due to prior arbitral and Supreme Court proceedings
  2. 2 Whether the appellant's suit constitutes an abuse of court process

Ratio Decidendi

The Supreme Court held that neither the arbitral tribunal nor the Supreme Court had previously determined the substantive claims now brought by the appellant against GHACEM; prior proceedings only addressed whether a non-signatory could be joined to arbitration. Therefore, res judicata and abuse of process do not apply, and the appellant's suit may proceed.

Court Disposition

appeal allowed

Orders

  • Decision of the Court of Appeal is reversed.
  • Ruling of the High Court is restored.