WESTCHESTER RESOUCES LTD AND AFRICORE (GH) LTD. vs. ASHANTI GOLDFIELDS CO. LTD.

ATUGUBA, JSC:- FACTS The facts that are germane to this appeal are that the respondents sued the appellant in the High Court, Accra for damage for breaches of a mining exploration agreement. Pursuant to an arbitration clause in the said agreement the trial judge Mrs. Dordzie J, upon application by the respondents, stayed the action and referred the claims therein to arbitration. For the purposes of the said arbitration the respondents appointed professor Essien whilst the appellant appointed Nana Dr. S.K.B. Asante as their respective arbitrators. Subsequently Dr. Date-Bah JSC was nominated as umpire but the appellant, through its solicitors objected that Dr. Date-Bah JSC, then a serving justice of the Supreme Court of this country, could not properly be appointed as umpire. Amidst the wrangling over Dr. Date Bah’s status, Dr. Nana S.K.B. Asante resigned as arbitrator but the appellant quickly replaced him with Mr. J.K. Agyemang. The parties were also not ad idem as to the p.....