STROJEXPORT vs. EDWARD NASSAR & CO. (MOTORS) LTD. [1965]DLHC1857

Date	1965-09-29
Suit No.
Citation No.	[1965]DLHC1857

HAYFRON-BENJAMIN J.

K. NARAYAN FOR THE APPLICANTS.

DR. DE GRAFT-JOHNSON FOR THE RESPONDENTS.

[1965]DLHC1857
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													<main id="main" class="content" style="min-height: 60rem" >STROJEXPORT <o:p></o:p>vs. <o:p></o:p>EDWARD NASSAR &amp; CO. (MOTORS) LTD. <o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>[1965] GLR 591<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

DATE:
29 SEPTEMBER 1965.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

K. NARAYAN FOR THE APPLICANTS.<o:p></o:p>

DR. DE GRAFT-JOHNSON FOR THE RESPONDENTS.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 0in 0in">

HAYFRON-BENJAMIN J.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF HAYFRON-BENJAMIN J.<o:p></o:p>This is
an application by the applicants herein for an order enforcing an arbitration
award dated 13 March 1962 by the Arbitration Court of the Chamber of Commerce
of Czechoslovakia in Prague. The award was made in favour of the applicants
against the respondents in the sum of £G3,159 10s. plus interest on the said
amount at the rate of six per cent per annum as from 9 January 1961 to date of
payment plus costs of £G99 4s. 2d. There was a second award by the same
Arbitration Court in favour of the applicants against the respondents in the
sum of £G6,725 12s. 1d. plus interest at the rate of six per cent per annum
plus £G223 4s. 4d. costs.<o:p></o:p><o:p>&nbsp;</o:p>The major
point for decision is whether these awards are enforceable in Ghana. Section 36
of the Arbitration Act, 1961,1 dealing with foreign awards provides:<o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">“(1) This
Part applies to any award made after the commencement of this Act in any
reciprocating State, and to any award made in the Republic in pursuance of an
arbitration agreement not governed by the law of the Republic, and an award to
which this Part applies is in this Part referred to as `a foreign award’. <o:p></o:p><p class="MsoNormal" style="margin-top:0in;margin-right:0in;margin-bottom:5.0pt;
margin-left:.5in;text-align:justify;mso-pagination:none;border:none;mso-padding-alt:
31.0pt 31.0pt 31.0pt 31.0pt;mso-border-shadow:yes">(2) In
this section `reciprocating State’ means a State declared by the President by
legislative instrument to be a party to the Convention set out in the Schedule
to this Act or any other State to which this Part is, by legislative
instrument, applied by the President on the basis of reciprocity.”<o:p></o:p><o:p>&nbsp;</o:p>The
Arbitration Act was to come into operation on such day as the President might
order by legislative instrument. It did come into effect on 7 October 1961 by
the Arbitration Act 1961 (Commencement) Order.2 Czechoslovakia had not at that
time been declared a reciprocating State. She became one by the Arbitration
(Foreign Awards) Instrument, 1963.3<o:p></o:p><o:p>&nbsp;</o:p>The
question therefore that arises for decision is whether, these awards having
been made in Czechoslovakia at a time when she was not a reciprocating State
are enforceable in Ghana. Both awards were made after the commencement of the
Arbitration Act, 1961. I am of the opinion that the Arbitration Act merely
provides machinery for the enforcement of awards made after its commencement.
In other words, once it is established that an award was made after the
commencement of the Act, it is enforceable in Ghana if at the time of the
application to enforce it the State in which it was made has in fact become a
reciprocating State. It is immaterial whether at the time the award was made
the State in which it was made was or was not able to enforce it. I therefore
grant the application, and order that the applicants be at liberty to enforce
the awards. I award costs to the applicants which I assess at 500 guineas
inclusive of 350 guineas for counsel.<o:p></o:p>

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