ODARTEI III vs. BADOO ALIAS KOBLA II

JUDGMENT OF GRIFFITHS-RANDOLPH J. On 15 January 1974, Nii Aponsah, solicitor on behalf of Nii Odartei III, filed a motion on notice, “for orders under section 26 of the Arbitration Act, 1961 (Act 38), and under Order 64, r. 13 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), to stay execution by the Ga Mantse, his servants or agents and by the Commissioner responsible for Chieftaincy Affairs pursuant to the Ga Mantse’s award dated 17 November 1973 and for a further order to set aside the award aforesaid for want of or excess of jurisdiction and other errors of law.” The motion paper was accompanied by an affidavit sworn to by the applicant and photostat copies of a “petition against pending arbitration” addressed to the Ga Mantse by the applicant dated 14 November 1973, and the arbitration award by the Ga Mantse dated 17 November 1973. An affidavit in opposition by the Ga Mantse’s secretary, Nii Nuacoo Nunoo, was also filed on 2 April 1974. Wh...