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Ghana Case Law

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Arbitration [2023] GHACA 45

Cspc Ghamed Phamaceuticals Ltd. -vrs- Octoglow Ghana Ltd.

Cspc Ghamed Phamaceuticals Ltd. -vrs- Octoglow Ghana Ltd. [2023] GHACA 45 (16 February 2023)

Court
Court of Appeal

Sections 57 and 58 of the Land Act, 2020, Act 1036 do not expressly preclude arbitration of disputes concerning re-entry and forfeiture; the arbitration clause between the parties is valid and covers the disputed reliefs. The trial court properly exercised its discretion in referring the matters to arbitration.

Source excerpt

  • Reference to arbitration
  • Re-entry and forfeiture of lease
  • Party autonomy
  • Jurisdiction of arbitrator
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Contract law [2022] GHACA 163

Heiland Resources Ltd. Vs Sinopec International Petroleum Services Limited & 5 ors (H1/104/2022)

Heiland Resources Ltd. Vs Sinopec International Petroleum Services Limited & 5 ors (H1/104/2022) [2022] GHACA 163 (28 July 2022)

Court
Court of Appeal
Case number
H1/104/2022

The arbitration clause in the Lateral Line Contract does not extend to separate contracts entered into orally or by email, for which there was no written arbitration agreement. The Respondent's conduct in objecting to arbitration constituted a waiver of its right to arbitration. There was no consensus to arbitrate all disputes, and the High Court erred in referring the entire dispute to arbitration. The appeal is allowed and the matter is to proceed in court.

Source excerpt

  • Arbitration clauses
  • Jurisdiction
  • Waiver of arbitration rights
  • Party autonomy
  • Fraud allegations in contract disputes
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Contract law [2022] GHACA 55

Heiland Resources Ltd. -vrs- Sinopec International & 5 Others

Heiland Resources Ltd. -vrs- Sinopec International & 5 Others [2022] GHACA 55 (28 July 2022)

Court
Court of Appeal

The Court of Appeal held that the separate contracts performed by the Appellant fell outside the scope of the Lateral Line Contract and were not subject to its arbitration clause. The Respondent's conduct in objecting to arbitration constituted a waiver of its right to rely on the arbitration agreement. Consequently, the High Court erred in referring the entire dispute to arbitration, and the matter should proceed in court.

Source excerpt

  • Arbitration clauses
  • Jurisdiction
  • Waiver of arbitration rights
  • Party autonomy
  • Fraud in contracts
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About this LexChat collection

Ghana decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.