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JUDGMENT
AYEBI J. A.
This is an appeal against the ruling of an Accra High Court which on 19th March 2010 set aside the arbitration award made by Nene Amegatcher delivered on 3rd September, 2009. The respondent/appellant (hereinafter called the appellant) is the landlord/owner of the popular Accra Mall.
The applicant/respondent (hereinafter called the respondent) is a tenant of four (4) shops within the Mall as evidenced by identical lease agreements in respect of each shop.
By clause 6. 4 of the lease agreement, the landlord (the appellant) has the right to make or vary the House Regulations and tenants undertake to comply with the said regulations.
By the House Regulations or Rules the landlord stipulates rules and regulations on the use of the Mall from time to time.
These rules which were incorporated into the lease agreement and referred to as Annexure B, were to be in existence as at the signature date of the lease agreements.
But at the execution of the lease agreements in respect of the four shops, the House Rules were not in existence and annexed, although they were referred to.
After the respondent had commenced business, the appellant circulated a document called Accra Mall Tenant Guide otherwise known as the House Rules.
In the said document, the appellant stipulated the minimum trading hours for all tenants in the Mall from Mondays to Saturdays, Sundays and Public Holidays.
Some time thereafter, appellant discovered that the respondent was not opening her shops on Sundays for business.
The appellant therefore drew the attention of the respondent of the breach of the House Rules by not opening her shops for business on Sundays and to remedy same.
The respondent admitted that she was not trading on Sundays but denied she has breached the lease agreements.
The respondent denied any breach because at the time of signing the lease agreements, the House Rules were not in existence and so did not form part of the lease agreements and as such, not binding on her.
After some correspondence on the issue, both parties failed to resolve the issue of whether or not by not opening her shops on Sundays for business, the respondent has breached the lease agreements.
The parties therefore invoked clause 25 on arbitration in the lease agreement.
That clause provides that any dispute arising between the parties concerning the lease agreement or its validity which could not be amicably resolved by the parties within thirty (30) days, shall be referred to ar