CP CONSTRUCTION PIONEERS vs. MODERN GHANA BUILDERS LTD

HAYFRON-BENJAMIN JSC. This is a second appeal wherein Court of Appeal affirmed the decision of the High Court Accra. The appellants, then applicants, by a motion in suit No 2067/86 sought to enforce an arbitration award against the respondents. Upon issues joined, the learned judge decided to take evidence on certain parts of the award. In the course of the hearing before the High Court, solicitors for the applicants on 19 March 1987 sought “leave to discontinue their application with liberty to come back.” On 20 March 1987 when the matter came before the High Court, counsel for the appellant announced to the court that: “We were called upon by the court to lead evidence to establish that at the date shown on our application we had fulfilled all of our obligations under the award. We realised that it is not possible to bring the witnesses and so we feel we would discontinue the matter. We pray for leave.” I have referred to this episode in the suit No 2067/86 because in th...