KODUA VRS. DORA (C11/04/2024) [2025] GHAHC 21 (17 March 2025)

KODUA VRS. DORA (C11/04/2024) [2025] GHAHC 21 (17 March 2025)

The court found that there was no evidence of voluntary submission by the Appellant to the arbitration, no payment of the required fee, and a breach of natural justice as the Appellant was not allowed to call witnesses. The absence of an affidavit in opposition by the Respondent meant the facts in the Appellant's affidavit were deemed admitted. Therefore, the District Court's ruling was wrong in law and unsupported by the record, and the arbitration award should be set aside for miscarriage of justice.

Citation
[2025] GHAHC 21
Parties
Defendant/applicant/appellant: Mr. Kwadwo Tweneboa Kodua; Plaintiff/respondent/respondent: Madam Amma Dora
Court
High Court
Jurisdiction
Ghana
Judgment Date
17 March 2025
Case Number
C11/04/2024
Procedural Posture
Civil Appeal / Judgment on Appeal From District Court Ruling
Outcome
Appeal allowed; District Court ruling set aside
Legal Topics
Setting Aside Arbitral Awards, Customary Arbitration, Natural Justice, Miscarriage of Justice
Source Language
English
Civil Procedure Alternative Dispute Resolution Customary Law Setting Aside Arbitral Awards Customary Arbitration Natural Justice Miscarriage of Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr. Kwadwo Tweneboa Kodua

Defendant/applicant/appellant

Madam Amma Dora

Plaintiff/respondent/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From District Court Ruling

Legal Issues

  1. 1 Whether the absence of an affidavit in opposition by the Respondent had any implication on the motion heard by the trial judge culminating in this appeal
  2. 2 Whether the decision of the District Magistrate dated 22 June 2023 cannot be supported by section 112(1)(a)(b)(c) and 112(2) of the ADR Act, Act 798 (2010)
  3. 3 Whether the decision by the Arbitration committee dated 21/03/2023 on the face of it is valid in law

Ratio Decidendi

The court found that there was no evidence of voluntary submission by the Appellant to the arbitration, no payment of the required fee, and a breach of natural justice as the Appellant was not allowed to call witnesses. The absence of an affidavit in opposition by the Respondent meant the facts in the Appellant's affidavit were deemed admitted. Therefore, the District Court's ruling was wrong in law and unsupported by the record, and the arbitration award should be set aside for miscarriage of justice.

Court Disposition

Appeal allowed; District Court ruling set aside

Orders

  • Ruling of the District Court Nkawkaw dated 22-6-2023 set aside
  • Parties advised to seek valid arbitration or other forum for settlement