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EDITH AMORKOR SYKES _ ORS. v. THE GOOD SHEPHERED MISSION

December 4, 1997

COURT OF APPEAL

GHANA

CORAM

  • MRS. WOOD J.A. (PRESIDING)
  • BROBBEY, J.A.
  • BADDOO, J.A

Areas of Law

  • Alternative dispute resolution
  • Civil Procedure
  • Contract Law
  • Evidence Law
  • Property and Real Estate Law
  • Tort Law

AI Generated Summary

In September 1989, the owners of a two-bedroom house at South East Christiansborg leased the property to Good Shepherd Mission, with terms requiring development within one year and occupation for twenty-one years. Six months later, the owners alleged that Good Shepherd’s representative, Brother Kofi Appiah-Kubi, had fraudulently misrepresented that Good Shepherd Mission was a registered religious organization, and they abrogated the lease while allowing eight years’ occupancy to offset a ¢300,000 rent advance. After eight years, Good Shepherd refused to vacate, prompting a Circuit Court suit for possession, deceit, and mesne profits. Relying on the lease’s arbitration clause, Good Shepherd sought a stay and reference to arbitration; the trial court refused. On appeal, a panel of the Court of Appeal presided by Mrs. G. T. Wood, with Justices S. A. Brobbey and S. G. Baddoo, held that Section 8 of Act 38 imposes no fixed time limit but requires timeous applications; appellants acted promptly. However, because respondents particularized fraud, Section 27(2) empowered the court to suspend the arbitration clause for judicial determination. The Court also found appellants failed to show readiness and willingness to arbitrate, and, adopting a prima facie standard for fraud, dismissed the appeal.