[2018]DLHC3354 • September 26, 2018 • High Court
SHIKARI LIMITED. vs. THE BROAD BAND HOME LIMITED
The applicant, Shikari Limited, a Mauritius-registered company, entered into a Facilitation Agreement and a Loan Agreement with the respondent, The Broad Band Home Limited, a Ghanaian company. The agreements included arbitration clauses referring disputes to the London Court of International Arbitration. The respondent defaulted on loan obligations, leading to arbitration in London, where an award was made in favor of the applicant for principal sums, accrued interest, and costs. The applicant sought leave from the Ghanaian High Court to enforce the foreign arbitral award against the respondent in Ghana.
read moreBy an originating motion on notice filed on the 16th August 2018, the applicant, Shikari Limited, a limited liability company registered under the laws of Mauritius, seeks an order of this court for leave to enforce a final award dated the 22nd day of June 2018, made under the auspices of the London Court of International Arbitration, against the respondent, the Broad Band Home Limited, a company registered under the laws of the Republic of Ghana. The motion paper is supported by an affidavit and other exhibits. The respondent is opposed to the application as shown by its affidavit in opposition. The applicant says in paragraph 7, 8 and 9 of the supporting affidavit that: 7. On April 28, 2014, the Applicant and Respondent entered into an agreement by which the Applicant agreed, among other things, to arrange and provide a loan to the Respondent (“the Facilitation Agreement”). Attached and Marked as Exhibit A is the Facilitation Agreement. 8. Pursuant to the Facilitation Agreeme...