KUMARK COMPANY LTD vs. UBA (GHANA) LIMITED AND NPK EXPERT IBERIA

RULING This Ruling is in respect of an application to Stay Proceedings and refer the Action to Arbitration filed by the 2nd Defendant (hereinafter called “Applicant’) with a supporting 9 paragraph Affidavit and annexures dated 23rd November 2023. The crux of the present application is that the Applicant was joined to the present suit as a party to the present suit per an amended Writ of Summons and Statement of Claim. In the said process, the Plaintiff (hereinafter referred to as ‘Respondent’) referred to a Purchase and Sales Agreement dated 28th October 2021 between the Plaintiff and the Applicant, exhibited and marked as Exhibit “BKB2” which contains an arbitration clause for disputes arising to be referred to a National Court chosen by the seller or referred to arbitration in London. The Applicant is therefore praying the court to stay the present proceedings and refer the dispute for Arbitration. In support of their position, counsel referred to Order 72 of the...