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OSEI BONSU JOSEPH v. GCB & ANOTHER

2021

COURT OF APPEAL

GHANA

CORAM

  • ADJEI, JA
  • MENSAH, J.A
  • DODOO,J.A

Areas of Law

  • Alternative dispute resolution
  • Banking and Finance Law
  • Administrative Law
  • Civil Procedure

AI Generated Summary

Dennis Adjei, JA authored a concurring opinion in an appeal from the High Court’s referral of a dispute to arbitration under the Alternative Dispute Resolution Act, 2010 (Act 798). The appellant had sued in the High Court seeking interpretation of section 123 of the Banks and Specialised Deposit-Taking Institutions Act, 2016 (Act 930) and other reliefs. The 2nd Defendant moved to strike based on section 141 of Act 930, which mandates arbitration for grievances concerning decisions of the Bank of Ghana and its official administrator; the 1st Defendant filed a defence. Adjei distinguished between contractual and statutory ouster clauses, emphasizing that statutory procedures cannot be waived and must be followed. Relying on Ghanaian and English case law and the Kompetenz-Kompetenz principle codified in section 24 of Act 798, he concluded that legal and interpretative questions may be resolved by arbitrators and found no constitutional issue warranting referral to the Supreme Court. He dismissed the appeal grounds and affirmed the High Court’s ruling.

JUDGMENT