OSEI - BONSU VRS GHANA COMMERCIAL BANK & ANOTHER (HI/76/2020) [2021] GHACA 41 (27 May 2021)

OSEI - BONSU VRS GHANA COMMERCIAL BANK & ANOTHER (HI/76/2020) [2021] GHACA 41 (27 May 2021)

Section 141 of Act 930 mandates that disputes arising from the Bank of Ghana's decisions under specified sections must be referred to arbitration under the Alternative Dispute Resolution Act, 2010 (Act 798). The High Court's jurisdiction is deferred, not ousted, and the trial judge was correct in referring the matter to arbitration. The Appellant's claim did not raise a constitutional issue or a public interest matter that would exempt it from arbitration.

Citation
[2021] GHACA 41
Parties
Plaintiff/appellant: Osei-Bonsu Joseph; 1st Defendant/respondent: Ghana Commercial Bank; 2nd Defendant/respondent: Bank of Ghana
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
27 May 2021
Case Number
HI/76/2020
Procedural Posture
Civil Appeal / Appeal From High Court (labour Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Statutory Ouster Clauses, Jurisdiction of Courts, Arbitration, Employment Contracts, Interpretation of Statutes
Source Language
English
Banking Law Labour Law Alternative Dispute Resolution Constitutional Law Statutory Ouster Clauses Jurisdiction of Courts Arbitration Employment Contracts +1 more

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Parties

Osei-Bonsu Joseph

Plaintiff/appellant

Ghana Commercial Bank

1st Defendant/respondent

Bank of Ghana

2nd Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (labour Division) to Court of Appeal

Legal Issues

  1. 1 Whether the High Court had jurisdiction to hear the dispute in light of section 141 of the Banks and Specialized Deposit-Taking Institutions Act, 2016 (Act 930)
  2. 2 Whether the dispute should be referred to arbitration under Act 930 and the Alternative Dispute Resolution Act, 2010 (Act 798)
  3. 3 Whether section 141 of Act 930 is inconsistent with Article 140 of the 1992 Constitution

Ratio Decidendi

Section 141 of Act 930 mandates that disputes arising from the Bank of Ghana's decisions under specified sections must be referred to arbitration under the Alternative Dispute Resolution Act, 2010 (Act 798). The High Court's jurisdiction is deferred, not ousted, and the trial judge was correct in referring the matter to arbitration. The Appellant's claim did not raise a constitutional issue or a public interest matter that would exempt it from arbitration.

Court Disposition

Appeal dismissed

Orders

  • The ruling of the High Court referring the dispute to arbitration is affirmed.
  • The matter is to be resolved by arbitration under Act 930 and Act 798.