A.A MINERALS LIMITED vs. ALTROMS S. A. LIMITED [2020]DLHC11812

Date	2020-01-22
Suit No.	SUIT NO. CM/DCA/0908/2020
Citation No.	[2020]DLHC11812

HER LADYSHIP JUSTICE AFI AGBANUKUDOMOR

AMELIA ADJOTEYE FOR PLAINTIFF/APPLICANT

LILIAN GERALDO WITH PRINCE ASAFO AGYEI FOR JOSEPH BOAKYE DANQUAH FOR DEFENDANTS/RESPONDENTS

[2020]DLHC11812
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													<main id="main" class="content" style="min-height: 60rem" >A.A MINERALS
LIMITED<o:p></o:p>

(APPLICANT)<o:p></o:p>

ALTROMS S. A.
LIMITED<o:p></o:p>

[HIGH COURT, ACCRA]<o:p></o:p>

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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">SUIT NO. CM/DCA/0908/2020&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 22ND OCTOBER 2020<o:p></o:p>

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COUNSEL<o:p></o:p>

AMELIA
ADJOTEYE FOR PLAINTIFF/APPLICANT<o:p></o:p>

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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">LILIAN GERALDO WITH PRINCE ASAFO AGYEI FOR
JOSEPH BOAKYE DANQUAH FOR DEFENDANTS/RESPONDENTS<o:p></o:p>

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HER
LADYSHIP JUSTICE AFI AGBANUKUDOMOR<o:p></o:p>

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MOTION ON NOTICE FOR LEAVE TO SET ASIDE
ARBITRAL AWARD<o:p></o:p>

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The
instant application filed on 7th July, 2020 is one on Notice for Leave to set
aside the Arbitral Award dated 4th June, 2018.<o:p></o:p>

THE
AFFIDAVIT IN SUPPORT OF THE INSTANT APPLICATION<o:p></o:p>

In
the Affidavit in Support of the instant application, there are averments that
the Parties in 2012 entered into a Commercial Agreement.<o:p></o:p>

&nbsp;

That
when some differences arose between the Parties, Respondent sued Applicant at
the High Court in suit number: CM/0046/15.<o:p></o:p>

That
Applicant successfully obtained an Order Staying Proceedings for the matter to
be referred to Arbitration in accordance with the provisions of the dispute
resolution clause in the Agreement.

That
the Parties in the said Agreement agreed to resolve any dispute through
Arbitration, who was to constitute the said Arbitration and how the Arbitrator
was to be appointed.

That
instead of abiding by the Terms of Arbitration in the Agreement, Respondent
violated and departed from the said terms and purported to resolve the dispute
by its own terms.

That
Respondent failed to invoke the jurisdiction for an Arbitration properly so
called and obtained an invalid and void award against Applicant which it seeks
to enforce in this Court.<o:p></o:p>

&nbsp;

That
Applicant instituted an action in Suit Number CM/DCA/0582/2018 to set aside
proceedings of the purported arbitration and its invalid consequential award
dated 4th June, 2018.

That
Respondent on 6th September, 2019 applied to set aside the suit as an abuse of
the Court process but same was dismissed because of fundamental breaches in the
Agreement and the ADR Act.

That
Respondent in the same suit made an application to enforce the said Arbitral award
but same was refused.

That
Respondent dissatisfied by the decisions of the Court filed two (2) Notices of
Appeal at the Court of Appeal which were then consolidated into suit number
H1/171/2019.

That
on 20th May 2020, the Court of Appeal delivered its Judgment in respect of the
consolidated appeal; which in part affirmed the decision of the High Court that
Applicant ought to have instituted the substantive action by an application
other than by a Writ.

That
Applicant is righting that wrong by filing the instant application which by
statute is the right procedure to be adopted under such circumstances.

That
because the statutory period within which the application is to be made has
lapsed, Applicant prays for leave and for extension of time to properly apply
to set aside the said arbitral award. The proposed application for the said
purpose was to be annexed to the processes as Exhibit Q but the said process
was not attached.

That
the substantive application if granted by the Court would completely absolve
Applicant off their cause of action as against Respondent as far as the said
Arbitral award is concerned.

That
this Court grants Applicant an extension of time within which to file the
Motion to Set Aside the Arbitral Award.

SUPPLEMENTARY
AFFIDAVIT IN SUPPORT OF THE INSTANT APPLICATION<o:p></o:p>

In
the Supplementary Affidavit in support of the said application filed on 24th
July 2020, the draft Notice of Motion to Set Aside the Arbitral Aw</main>