IN THE MATTER OF THE ARBITRATION ACT, 1961 (ACT 38) AND IN THE MATTER OF THE ARBITRATION BETWEEN INTERCITY HOTELS LTD (CLAIMANT) AND GRACEFIELD MERCHANT GHANA LTD (RESPONDENT) AND IN THE MATTER OF AN APPLICATION TO SET ASIDE THE ARBITRATION AWARD OF NENE AMEGATCHER DATED 3RD SEPTEMBER, 2009 INTERCITY HOTELS LTD. (RESPONDENT/APPELLANT) AND GRACEFIELD MERCHANT GHANA LTD. (APPLICANT/RESPONDENT)

AYEBI J.A. This is an appeal against the ruling of an Accra High Court which on 19th March 2010 set aside the arbitration award made by Nene Amegatcher delivered on 3rd September, 2009. The respondent/appellant (hereinafter called the appellant) is the landlord/owner of the popular Accra Mall. The applicant/respondent (hereinafter called the respondent) is a tenant of four (4) shops within the Mall as evidenced by identical lease agreements in respect of each shop. By clause 6.4 of the lease agreement, the landlord (the appellant) has the right to make or vary the House Regulations and tenants undertake to comply with the said regulations. By the House Regulations or Rules the landlord stipulates rules and regulations on the use of the Mall from time to time. These rules which were incorporated into the lease agreement and referred to as Annexure B, were to be in existence as at the signature date of the lease agreements. But at the execution of the lease agreements in res...