JUDGMENT OF ARCHER J.A.
Archer J.A. delivered the judgment of the court. On 17 June 1970, Levandowsky & B.A.S.E. Group filed a specially endorsed writ, for service on the Attorney-General for and on behalf of the Government of the Republic of Ghana, claiming against the Government the sum of; £462,432 1s. 4d. sterling or N¢1,132,958.55 being an amount due and owing in respect of professional fees for plans prepared for an international conference hall, a secretariat, a hotel and a theatre. For convenience, the parties will be referred to in this judgment as "the Group " and "the Government." The total amount claimed by the Group was itemised in a bill attached to the writ as follows:
[p.60]
Original fee demanded in October 1964
(£412,031) less amount paid in March 1967
(£121,071 11s. 3d.) .. .. .. £290, 959 8s. 9d.
Interest at one per cent. over British bank rate
between October 1964 and April 1970 .. 167,338 3 4
Expenses .. .. 2,881 10 10
Interest on expenses .. 1,252 18 5
Total £462,432 1s. 4d.
On 26 June 1970, the Government entered an unconditional appearance and on 3 July 1970, the Group took out a summons under Order 14, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), for liberty to enter judgment for the total amount claimed. The affidavit in support of the application was sworn to by the managing clerk of the solicitors for the Group. In opposition to the application, the Government filed an affidavit in which the main objection stated was that the Group and the Government had agreed that any dispute or differences arising between them as to their rights, liabilities and duties should be referred to arbitration.
Upon hearing the parties, the learned High Court judge adjourned the proceedings to enable the Government to file a further affidavit specifying the nature of the dispute which should be referred to arbitration. As a result of this order, the Group filed a further affidavit and exhibited copies of correspondence between the Group and the Government that took place between 26 November 1968 and 2 January 1969 indicating that the parties had met to discuss the matter and proposals had been made by both sides (see exhibits, JEKA 1 - 4).
When the Government filed its further affidavit on 23 July 1970 (which was subsequent to that of the Group filed two days earlier and must have been served on the Attorney-General) no comment was made by the Government on the correspondence relied on by the Group. Ins
