MR. KWADWO TWENEBOA KODUA vs MADAM AMMA DORA
2025
HIGH COURT
CORAM
- HER LADYSHIP JUSTICE CYNTHIA MARTINSON (MRS
Areas of Law
- Alternative Dispute Resolution
- Civil Procedure
2025
HIGH COURT
CORAM
AI Generated Summary
This case involves an appeal against a District Court ruling that upheld a customary arbitration award. The High Court examined whether the arbitration process was valid and whether it adhered to principles of natural justice. The court found that there was no evidence of voluntary submission to arbitration by the Appellant, and that the Appellant was not given a full opportunity to present her case. The court emphasized the importance of following proper procedures in customary arbitration, including voluntary submission, payment of fees, and adherence to rules of natural justice. Ultimately, the High Court set aside the District Court's ruling, finding it unsupported by law and evidence. The case highlights the legal requirements for valid customary arbitration in Ghana and the grounds on which such arbitration awards can be challenged.
INTRODUCTION:
[1] On 16 th August 2023, the Defendant / Applicant /Appellant (hereinafter called the Appellant) filed the instant appeal against the Plaintiff/Respondent/Respondent [hereinafter called the Respondent]. The appeal is in respect of a Ruling by the District Court Nkawkaw dated 22 nd June 2023.
[2] The ruling is found at pages; 2122 of the Record of Appeal. (ROA). The ruling concluded that, the parties agreed to be bound by the Decision of the Arbitration Panel.
[3] The Court reasoned that, prior agreement to be bound cannot be displaced by subsequent act. The Magistrate, Isaac Agyei Esq. concluded that, the appellant's recalcitrant act of not obeying the decision of the arbitrators is not a valid ground for setting aside arbitration award against the Respondent.
[4] The Court therefore awarded costs of GH500 against the Appellant in favour of the respondent. The Appellant not satisfied with the decision of the lower court has mounted this appeal against the ruling of His Worship Isaac Agyei dated 22 nd June 2023.
[5] It is noteworthy that, the ruling of the court on 22 nd June 2023 was predicated upon a motion on notice with supporting affidavit filed by the Appellant to set aside customary Arbitration dated 21/03/2023. See page 7 of the ROA.
[6] The Appellant sole ground of appeal and the reliefs being sought are as follows:
GROUND OF APPEAL:
I. The judgement [sic] of his Worship the District Magistrate Court cannot be supported by sections 112 [1] [a] [b] and [c] and 112 [2] of the ADR Act, Act 798 [2010].
RELIEFS SOUGHT FROM THE HIGH COURT:
a) The judgement (sic) of the Magistrate be set aside and judgement entered for the Appellant.
MATERIAL FACTS:
[7] The Respondent summoned the Appellant to an Arbitration and complaint committee of Amuana Praso Chief's Palace. The case was in respect of a portion of building plot that the respondent believed about 60 years ago, Appellant father pleaded with his late father, Opanin Kwaku Donkor to assemble his Corn Mill Machine free of charge thereon. According to the Respondent, Appellant's father wanted to put up a building but he was stopped. However, upon the demise of his father, the late Opanin Dwomoh went unto the land to start the project again. According to the Respondent, his siblings summoned Opanin Dwomoh to the then CDR and was found liable. After the death of Opanin Dwomoh, the Appellant Opanin Dwomoh's daughter, rented two rooms to some tenants. App