MICHAEL COFFIE v. NANA OTENG ABABIO

The plaintiff’s claim as per his writ of summons is as follows: “plaintiff claim against the

defendant is for the sum of GH¢15,000 being an arbitration award published in favour of

the plaintiff at the Wasa Akropong chief’s palace”.

I inherited this case from the previous magistrate. When I took over this case, the

defendant had given his evidence – in – chief and was to be further cross-examined by

counsel for the plaintiff. I must also state that the plaintiff had earlier testified and called

a single witness who testified and thereafter closed his (plaintiff’s) case. The defendant

subsequently abandoned his defence. Counsel for the defendant too failed to appear in

court after the defendant stopped coming to court. The law is settled that when a party

has been given the opportunity to defend himself against allegations made against him

but he deliberately declines the invitation, the court will proceed with the trial to

conclusion and make findings and conclusions based on the evidence on the record; See

In Re West Coast Dyeing Industry Limited; Adams V Tandoh [1984-86} 2 GLR 561. Also,

see The Republic V High Court, Human Rights Division, Accra, Ex-parte Akita, civil

motion J5/2010 dated 17th February, 2010. In the instant suit, the first observation that a

lawyer or a judge makes after reading the plaintiff’s relief as endorsed in the writ is that,

the plaintiff’s writ is incompetent. The plaintiff’s claim is for the recovery of GH¢15000

as an arbitration award. This being the case, the plaintiff is legally barred from issuing a

fresh writ to re-litigate the dispute. I propose to write this judgment in a tutorial style so

as to educate counsel on the proper procedure to use as far as the enforcement of an

arbitration award is concerned. In deciding to write this judgment in a tutorial style, I

have taken inspiration from Kpegah JSC who was one of my favorite judges. Kpesah JSC

wrote his opinion in Awuni V WAEC [2003-2004] 1 SCGLR 471 in a tutorial style so as to

educate counsel for the defendant in that case on how he should have conducted the case

procedurally. The relevant words of Kpegah JSC in Awuni V WAEC (supra) which are

applicable to the instant case are” I have therefore decided to change my normal

approach and to write this particular judgment in a what I will refer to as “tutorial style”,

(that is to say, pointing out what I consider to be mistakes of counsel and suggesting

possible solutions), so as to forest