EBUSUAPANYIN KWESI FRIMPONG VS KWAMINA AMISSAH & ANOR
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE BERNARD BENTIL
Areas of Law
- Civil Procedure
- Alternative Dispute Resolution
- Contract Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over an arbitration award concerning family lands in Mpeasem, Ghana. The Plaintiff, claiming to be the head of the Anona family, sought to set aside the arbitration award, arguing that the Arbitration Committee exceeded its jurisdiction. The court dismissed the Plaintiff's claims, finding that the Plaintiff had voluntarily submitted to arbitration and that the Arbitration Committee acted within its jurisdiction. The court emphasized the importance of respecting arbitration awards and the limited grounds for setting them aside under Ghana's Alternative Dispute Resolution Act. The case highlights key principles in Ghanaian civil procedure, arbitration law, and the courts' approach to reviewing arbitral decisions.
The facts of this case are straightforward.
The Plaintiff’s case is that the 1st Defendant instituted arbitration proceedings against him before the 2nd Defendant on 29th May, 2018 on the following charges: a. That the Defendant (the Plaintiff herein) should come and explain to the Plaintiff (the 1st Defendant herein) and his family the reason why he has been selling lands at Mpeasem without their concern.
b. That if the land belongs to the Defendant (Plaintiff herein), he should bring papers and witnesses.
According to the Plaintiff, the Anona family of Mpeasem is made up of three gates; the Ama Wu gate, Kurankyewa gate and Ama Takyiwa gates.
The Plaintiff avers that although he resisted being subjected to the arbitration, the panel compelled him to go through the process.
The Plaintiff says that, at the arbitration, he made it clear that the land in dispute belongs to the entire Anona family.
There is in place a seven-member commiꢀee comprising of two members from each gate and the Ebusuapanyin administers the land and share the proceeds equally.
The gravamen of the Plaintiff’s case is that the Arbitration Commiꢀee, instead of determining the maꢀer set out before it, made awards outside of its jurisdiction by ruling, among others, at paragraphs (4) and (5) of its conclusion as follows: 4. Ama Wuo’s Gate should take the land that shares boundary with the land of Nana Mpeasem.
5. The remaining two lands located at Ehow and Burafufuo belong to the whole Anona with the three gates.
Since the Plaintiff’s gate is eager to break away from the main Anona family the commiꢀee orders that the two-remaining land at Ehow and Burafufo should be divided into three (3) equal parts and shared among the Ama Wuo, Kurankye and Ama Tawiah gates.
The Plaintiff’s case is that the Arbitration Commiꢀee strayed into determining maꢀers that were not before it and made orders beyond the reliefs sought by the Plaintiff in the said arbitration.
The Plaintiff therefore prays for the intervention of this Honourable Court by granting the following reliefs: a. a declaration that the 2nd Defendant exceeded its jurisdiction in its conclusion in the determination of the maꢀer of Op.
Kwamina Amissah vrs Ebu.
Kwesi Frimpong (between the 1st Defendant and the Plaintiff herein)b. an order seꢀing aside the Arbitration award made by the 2nd Defendant on 13th September, 2018 in the maꢀer of Op.
Kwamina Amissah vrs Ebu.
Kwesi Frimpong, same having been made without jurisdiction.
c. An order res