OSNAD CONSTRUCTION COMPANY VS CHICO & ANOR

The Court has considered both the affidavits in support and against an application for stay of proceedings and for this matter to be referred to arbitration. The parties themselves have described the mode by which dispute resolution when it does occur, must be initiated, which is first through Alternate Dispute Resolution in the court, failure which the parties can file an action in court. This Court will abide by the terms of the agreement and stay proceedings pursuant to Section 6 of the Alternate Dispute Resolution Act, which is a mandatory clause. It states that the court shall in such circumstances, stay proceedings. Authorities like Boyefio v NTHC are still good law that when a statute describes the mode by which something must be done, that is the mode that must be followed. Application for stay of proceedings is granted.

(SGD.)

H/L JANE HARRIET AKWELEY QUAYE (MRS.)

(JUSTICE OF THE HIGH COURT)

M.A.