Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

ELEGANT HOMES & CONSTRUCTION LIMITED VS MRS. PATIENCE SENCHERY & ANOR

2018

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO

Areas of Law

  • Alternative Dispute Resolution
  • Contract Law

AI Generated Summary

The Defendant filed for a stay of proceedings pending ADR based on a contract clause mandating ADR before litigation. The Plaintiff opposed, citing the Defendants' bad faith in negotiations. The court held that referral to arbitration is not automatic upon the invocation of an arbitration clause and exercised its discretion to find the dispute suitable for court rather than ADR, consequently dismissing the Defendant's application.

RULING