HTG MANAGED SERVICES LIMITED VS BUSY INTERNET GHANA LIMITED

On the 9th of November, 2022, the Claimant/Applicant (Claimant) filed the instant Motion praying this Court for leave to enforce the Arbitral Award of the Ghana Arbitration Centre delivered by Emmanuel Amofa (Sole Arbitrator) and dated the 21st of November, 2021.

The Record shows that the Respondent/Respondent (Respondent) was duly served with the said Application but neither appeared in Court nor filed an affidavit in opposition to the said Application.

The Claimant’s case as disclosed by the affidavit attached to its motion may be summarized as follows;

It is a provider of support Services in the Telecommunication Industry while the Respondent is an Internet Service Provider. The Respondent sometime in the year 2015 engaged the services of the Claimant pursuant to which they executed a Master Tower Licence Agreement.

The Respondent however defaulted in its payment obligations as a result of which the Claimant commenced arbitration proceedings against the Respondent for the following reliefs:

i) Recovery of the sum of Eleven Million Six Hundred and Sixty -Eight Thousand and Seventy-Two Ghana Cedis Thirty eight Ghana Pesewas being the invoiced fees payable by the Respondent for services enjoyed

ii) All additional interest accruals computed at the agreed rate of 2% per month

iii) A further order directed at the Respondent to pay 15% of the sums stated in (i) and (ii) as Attorney fees

iv) General damages for the breach of contract

v) Refund of all expenses in relation to the arbitral proceeding

The parties however upon an amicable resolution of their dispute entered into Terms of Settlement on the 9th of August 2021 based on which the Arbitral Tribunal rendered a Consent Award on the 21st of November 2022 as follows;

1. That Effective the 1st of August, 2021, the Claimant shall restore power to all sixteen (16) sites at which the Respondent operates its Equipment.

2. That the Claimant shall deliver to the Respondent the Recurrent Monthly Expense (consisting of rent and consumption of power supplied to the Respondent at a given site) itemized per Site and invoiced to the Respondent in advance.

3. That the Recurrent Monthly Expense (consisting of rent and consumption of power supplied to the Respondent at a given Site) shall be itemized per Site and invoiced to the Respondent in advance. The sum of One Million, One Hundred and Two Thousand, Three Hundred and Seven Ghana Cedis Twelve Ghana Pesewas (GH¢1,102,307.12) paid by Respondent to the Clai