IN THE MATTER OF THE ARBITRATION BETWEEN OMANHIN OTU ABABIO II AND KOFI AIGIN
1923
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
- HALL, J
Areas of Law
- Alternative dispute resolution
- Civil Procedure
1923
DIVISIONAL COURT (COLONIAL)
GHANA
CORAM
AI Generated Summary
Justice Hall addressed two post-arbitration motions arising from a submission between Omanhene Otu Ababio II of Abura and Kofi Aigin of Assebu to the Honourable J. L. Atterbury, Acting Commissioner, as arbitrator. The first motion sought to make an endorsement enlarging the time to 1 September 1922 and the arbitrator’s 21 August 1922 award a rule of court, and to correct a date on the award. The second, by Aigin, asked that Ababio II show cause why the award should not be set aside. Clause 3 of their 20 June 1921 Indenture required any enlargement be made by signed, sealed writing endorsed on the submission before the original deadline. Although the parties attended hearings after 25 March 1922 and were present at publication, Hall held they could presume the arbitrator had enlarged time, yet the award’s endorsement omitted the date of enlargement. The court, raising the jurisdictional defect itself, concluded the award was void as it stood and refused Ababio II’s motion, leaving open whether the court could later enlarge time.
HALL, J.-In this matter, two motions have been brought before the Court. In the first motion an Order of Court is sought on behalf of Omanhin Otu Ababio II, making the enlargement of the time for the making of the award herein as endorsed on the Deed of Reference to Arbitrator, already made a rule of Court herein and referred to, in the Award of the Arbitrator herein, from 25th March to 1st September 1922, a Rule of Court; also for an Order of Court making the said award made on 2Ist August I922, a Rule of Court, and for an Order of Court correcting the word "September",
under the signature of the Arbitrator to the Award, into the word "August". In the second motion, filed on behalf of Kofi Aigin, an Order is sought directing Otu Ababio II, to show cause why the award herein should not be set aside on various grounds, to which it is not necessary to allude here for the purposas of this Ruling.
By an Indenture of Agreement, dated 20th June 1921, Otu Ababio II, Omanhene of Abura and Kofi Aigin of Assebu agreed to refer the "matters in difference" to the award, order and final determination of the Honourable J. L. Atterbury, then Acting Commissioner Central Province, who is thereinafter referred to, as "the Arbitrator". This agreement of reference to Arbitration was made a Rule of Court by Mr. Justice Beatty, sitting in the Divisional Court in this Province, on 29th July 1921.
Clause 3 of the Agreement reads as follows:-
"The Arbitrator shall make and issue his award on or "before the 25th day of March 1922, or on or before any
"other day of which the Arbitrator shall by any writing
"signed and sealed by him, endorsed on this submission
"from time to time enlarge the time for making the award".
The proceedings in the Arbitration began on 3rd February 1922, and were terminated on 1st June, 1922-the parties attending throughout, sometimes with Counsel, and sometimes in their absence, when the award was reserved and was subsequently published on August 21st, 1922. The following endorsement appears on the Agreement :-
"The date, on or before which the Arbitrator shall " make his award, is in pursuance of section 3 of the written
"Indenture, hereby enlarged to 1st September, 1922.
"Dated this 4th day of August, 1922.
"J.L. ATTERBURY, (L.S)
"Commissioner, Central Province."
Now, it is quite clear that the Arbitrator under a power given to him, must enlarge the time for making his award before the original time limited for making the award has expired.