[2024]DLSC17472 • February 21, 2024 • Supreme Court •
UNICHEM (GHANA) LIMITED & SURESH KIRPALANI vs. METROPOLIS HEALTHCARE (MAURITIUS) LTD. & METROPOLIS HEALTHCARE (GHANA) LTD.
The Plaintiffs disputed the existence and validity of certain agreements (Shareholders, Share Purchase, and Subscription Agreements) signed with the Defendants, alleging fraud and forgery of signatures. They claimed they were unaware of these agreements until after the fact and sought declarations that the agreements were null and void. The Defendants filed to stay court proceedings and refer the dispute to arbitration based on arbitration clauses in the agreements. The High Court refused to stay proceedings and refer to arbitration, but the Court of Appeal reversed this, ordering arbitration and staying court proceedings. The Plaintiffs appealed to the Supreme Court.
read moreJUDGMENT MARIAMA OWUSU (MS.) JSC: On 17th June, 2021, the Court of Appeal allowed the appeal of the Defendants/Appellants/Respondents (referred to simply as Defendants) and set aside the Ruling of the High Court dated 1st November, 2018. The Court of Appeal further made an Order referring the parties to arbitration of the dispute between them as per the arbitration clauses in the Agreements and stayed proceedings in the substantive matter at the trial High Court pending the conclusion of the arbitration proceedings. Dissatisfied with the decision of the Court of Appeal, the 1st and 2nd Plaintiffs/Respondents/Appellants (referred to simply as Plaintiffs) filed the instant Appeal before the Supreme Court on the following grounds: A. The Court of Appeal erred in law when it held that the dispute between the parties must be referred to arbitration, contrary to the position of the law that a party must first agree to refer a dispute to arbitration. PARTICULARS: i. The majority pan...