A.J. FANJ CONSTRUCTION AND INDUSTRIAL ENGINEERING LTD. vs. GHACEM LIMITED

The appellant, A.J. FANJ Construction and Industrial Engineering Ltd., entered into a contract with West Africa Quarries Limited (WAQL) for limestone mining operations. The contract was extended indefinitely beyond December 2012. In June 2016, WAQL's concession was attached due to a judgment, leading to shutdown. The appellant initiated arbitration against WAQL. The appellant sought to join GHACEM Limited, a non-signatory, to the arbitration on grounds that GHACEM was the alter ego of WAQL and the real party behind the contract. The arbitral tribunal and subsequently the Supreme Court held that non-signatories cannot be compelled to arbitrate. The appellant then discontinued arbitration and sued GHACEM directly, claiming GHACEM was the real contracting party.

BAFFOE-BONNIE JSC:- In this ruling the plaintiff, AJ FANJCONSTRUCTION AND INDUSTRIAL ENGINEERING LTD, shall be referred to as the appellant and GHACEM shall be referred to as the respondent. This is an appeal from a ruling from the Court of Appeal, coram, V.D Ofoe, Bartels Kwodwo (Mrs.), Barnasko-Essah (Mrs.), JJA. Dated, 10th December 2020, The said ruling of the Court of Appeal, reversed an earlier ruling dated 16thApril 2019, delivered by the High Court presided over by Kyei Baafour J(as he then was).The High Court had refused an application by the respondent herein, to dismiss the suit filed by the appellant on the grounds of res judicata and abuse of court process. Being aggrieved by the decision of His Lordship Kyei Baafour J, (as he then was),the respondent appealed to the Court of Appeal which reversed the decision of the High Court and struck out the suit on the grounds of res judicata and abuse of court process. It is this decision by the Court of Appeal that the appellant ...