[2017]DLHC4252 • December 21, 2017 • High Court
AJ FANJ CONSTRUCTION LIMITED vs. WEST AFRICA QUARRIES LIMITED
AJ Fanj Construction Limited (Applicant) and West Africa Quarries Limited (Respondent) were parties to arbitration proceedings concerning mining and haulage contracts for limestone concessions. Ghacem Limited, a non-signatory to the arbitration agreement but the parent company and owner of the limestone concession, was sought to be joined as a party to the arbitration. Evidence showed Ghacem and West Africa Quarries Limited operated as one entity, with Ghacem controlling and directing West Africa Quarries Limited's activities, including contract negotiations and extensions with the Applicant.
read moreBy an originating motion on notice filed on the 19th October 2017, the applicant herein, AJ Fanj Construction Limited, seeks an order of this court to join Ghacem Limited as a party to proceedings currently pending before an arbitrator. The parties to the arbitral proceedings are the applicant and West Africa Quarries Limited. The parties to the instant application have filed and rely on their affidavit in support of and in opposition to the application as well as supplementary affidavits. The application is premised on Order 19 rule 1(2) of the High Court (Civil Procedure) Rules, 2004, CI 47 and also on section 40 of the Alternative Dispute Resolution Act, 2010, Act 798. Order 19 rule 1 sub-rule 2 of CI 47 provides that (2) Proceedings by which an application is to be made to the Court or a Judge of the Court under any enactment shall be initiated by motion and where an enactment provides that an application shall be made by some other means, an application by motion shall be deeme...