TIESO GHANA LIMITED vs. EIROGET DE-INVEST S.A.

This Court, on 7th February 2016, referred the dispute between the parties in the instant application to resolution by a Dispute Adjudication Board (DAB). The adjudication having been completed, the Plaintiff/Applicant (hereafter referred to as “the Applicant”) has brought an application for an Order for the Adoption and the Signing of Final Judgment in Accordance with the Arbitral Award. The application has been brought under Order 64 of the High Court (Civil Procedure) Rules, 2004 (C.I.47). The Defendant/Respondent (hereafter referred to as “the Respondent”) resist the grant of this application on the grounds deposed to in Paragraphs 5, 6, 7, 8 and 9 of its Affidavit in Opposition to the Application as follows: “5 I am advised and verily believe the same to be true that the Plaintiff’s current application is premature and needless. 6 It is the contention of the Defendant that Rule 20 sub-clause 4 of the FIDIC Rules which governed the Contract executed between the Pla...