A.J. FANJ CONSTRUCTION & INDUSTRIAL & ENGINEERING LTD v. GHACEM LIMITED

Judge Eric K. Baffour Esq. J of the High Court considered an application by the Defendant/Applicant to dismiss a civil suit brought by Respondent. The dispute stems from arbitral proceedings under the Yongwa Contract between Respondent and West Africa Quarries Ltd (WAQL), where Respondent unsuccessfully sought to join Applicant, a non‑signatory, to arbitration. Although Asiedu J initially ordered joinder under section 40, the Supreme Court (per Dotse JSC) quashed that order for excess of jurisdiction, affirming that non‑signatories cannot be compelled to arbitrate. In the present action, Applicant invoked Order 11 rule 18(1)(d) to strike out Respondent’s suit on grounds of res judicata and abuse of process, asserting the claims mirrored prior arbitral requests. The court held that res judicata must be pleaded, and that the earlier rulings addressed jurisdictional joinder, not the merits. Abuse of process under Henderson and NAOS principles was misapplied. The application was dismissed as frivolous, with costs of GH¢2,000.00 awarded against Applicant.