[1965]DLHC1857 • September 29, 1965 • High Court
STROJEXPORT vs. EDWARD NASSAR & CO. (MOTORS) LTD.
The applicants sought enforcement in Ghana of two arbitration awards made by the Arbitration Court of the Chamber of Commerce of Czechoslovakia in Prague against the respondents, involving sums of £G3,159 10s. and £G6,725 12s. 1d. plus interest and costs. The key issue was whether these foreign arbitration awards were enforceable in Ghana under the Arbitration Act, 1961.
read moreJUDGMENT OF HAYFRON-BENJAMIN J. This is an application by the applicants herein for an order enforcing an arbitration award dated 13 March 1962 by the Arbitration Court of the Chamber of Commerce of Czechoslovakia in Prague. The award was made in favour of the applicants against the respondents in the sum of £G3,159 10s. plus interest on the said amount at the rate of six per cent per annum as from 9 January 1961 to date of payment plus costs of £G99 4s. 2d. There was a second award by the same Arbitration Court in favour of the applicants against the respondents in the sum of £G6,725 12s. 1d. plus interest at the rate of six per cent per annum plus £G223 4s. 4d. costs. The major point for decision is whether these awards are enforceable in Ghana. Section 36 of the Arbitration Act, 1961,1 dealing with foreign awards provides: “(1) This Part applies to any award made after the commencement of this Act in any reciprocating State, and to any award made in the Republic in pursua...