CSPC GHAMED PHARMACEUTICAL LTD vs. OCTOGLOW GHANA LTD

JUDGMENT ACKAH-YENSU, JSC INTRODUCTION I have had the opportunity of reading, in draft, the lead judgment of my learned sister, Amma Gaisie, JA. While I am in agreement with her conclusion, I wish to express my own views on some of the issues arising for determination in this appeal. BACKGROUND The background facts of this case have been comprehensively discussed in the lead judgment. As stated therein, this is an appeal against the Interlocutory Ruling of the High Court dated 15th July 2022. The trial Judge having heard arguments in respect of the Respondent’s Application to refer the ma[er to arbitration, held that there was no legal reason to refuse the application and consequently referred the matter to the Arbitrator. At the court below, the Appellant claimed against the Respondent: a. For a declaration that the re-entry of the Plaintiff’s land by the Defendant and the resulting forfeiture of the Sublease dated 24th February, 2012 us unlawful contra...