THE DUTCH AFRICAN TRADING COMPANY BV vs. THE WEST AFRICAN MILLS COMPANY LTD.

By an originating motion on notice filed on the 8th February, 2016, the applicant seeks the leave of the court to enforce the arbitral award of the Federation of Cocoa Commerce, London, United Kingdom dated the 7th September, 2015. According to the applicant the application is premised upon the inherent jurisdiction of the court. The reasons for the application are detailed out in an accompanying affidavit. The respondent is opposed to the application as indicated in its affidavit in opposition. Upon the filing of the application, the court ordered counsel to file their written submissions which they did. The respondent has taken issue with the propriety of the application before the court. The facts and the reasons for the application are captured in paragraphs 5, 6, 7, 8, 9, 14, 17 and 18 of the supporting affidavit. According to the applicants: “5. That by a claim submitted on 15th January 2014, the Applicant herein, the Claimant therein, a private limited liability company.....