PATRICK KPOGO & ORS VS FRANCIS AVORNYO & ORS

1 Introduction

Upon leave of the trial District Court Agbozume under the Courts Act, 1993(Act 459) s. 21(2), the Defendants, the appellants herein filed this appeal against the interlocutory ruling of the trial court that dismissed their application for an order striking out the Plaintiffs’ suit on grounds of estoppel.

Dismissing the application, the learned trial Magistrate in his 6-page ruling concluded that: Giv[ing] the arguments before it, this court is of the view that the jurisdiction of the arbitral panel [was] questioned when the plaintiffs withdrew from the process.

Thus, when section 99(1) of Act 798 is raised challenging a customary arbitrator, then section 100 of Act 798 has to be complied with to clothe the panel with jurisdiction … that requirement was not met.

In the circumstances, this court thinks that section 112 would not apply to such a process because the element of finality of the proceedings had been compromised. (Emphasis added)2. 0 Grounds of the Appeal 2. 1 Dissatisfied with the above ruling and per leave of the trial court, the Defendants filed this appeal praying the Court to set aside the ruling of the learned Magistrate and to dismiss the Plaintiffs’ suit at the District Court, Agbozume on grounds that: a The trial magistrate erred when he held that the arbitration award [or] judgment delivered by the arbitration court of Torgbi Akorli Dzesu II is a nullity.

b The Plaintiffs/Respondents’ suit at the District Court is estopped per rem judicatam c Additional ground (s) of appeal may be filed on receipt of the Record of Proceedings.

2. 2 The appellants did not file any additional ground/s; the original grounds of appeal therefore abide.

The appeal record is a 171-page indexed document that curiously contains processes, most of which, respectfully, are needless in the determination of the appeal.

So are the extensive written submissions the lawyers filed.

I say this because the ruling of the learned trial magistrate is not final and/or conclusive, but just interlocutory on a question of law; not on the merits, and that the case may return to the trial court to continue with the hearing.

2. 3 As held in Yaw vs. Amobie (1958) 3 WALR 406 CA, whether or not there had been a valid arbitral award is a question of law.

The core issue in this instant appeal is the determination of whether the arbitral proceedings and the award of the Togbe Akorli Dzesu panel amount to a finality of the subject matter between the partie