THE DUTCH AFRICAN TRADING COMPANY BV v. THE WEST AFRICAN MILLS COMPANY LTD

JUDGMENT

By an originating motion on notice filed on the 8th February, 2016, the applicant seeks the leave of the court to enforce the arbitral award of the Federation of Cocoa Commerce, London, United Kingdom dated the 7th September, 2015. According to the applicant the application is premised upon the inherent jurisdiction of the court.

The reasons for the application are detailed out in an accompanying affidavit. The respondent is opposed to the application as indicated in its affidavit in opposition. Upon the filing of the application, the court ordered counsel to file their written submissions which they did. The respondent has taken issue with the propriety of the application before the court.

The facts and the reasons for the application are captured in paragraphs 5, 6, 7, 8, 9, 14, 17 and 18 of the supporting affidavit. According to the applicants:

“5. That by a claim submitted on 15th January 2014, the Applicant herein, the Claimant therein, a private limited liability company incorporated under the laws of The Netherlands, commenced arbitration proceedings against West African Mills Company Limited (WAMCO), a limited liability company incorporated under the laws of Ghana.

6. That the said Request for Arbitration was submitted to the Federation of Cocoa Commerce (FCC), in London, United Kingdom pursuant to an arbitration clause of the FCC Contract and Appeal Rules, which governed a number of contracts between the Parties, and subject to the Arbitration Act 1996 of England and Wales.

7. That the Applicant alleged that the West African Mills Company Limited, the Respondent herein, had breached the terms of the Agreement between the Parties.

8. That the Applicant claimed by the said Request for Arbitration, damages of GBP5, 701,695.88 and Euro 94,234.00.

9. That a hearing on Jurisdiction and Merits of the case took place in London, United Kingdom on 1st October 2014.

14. That on the 7th of September 2015, the Board of Appeal rendered its judgment in favour of the Applicant herein, Respondent therein and made the following orders:

i. The sum of GBP Sterling 2,048,770 (two million forty eight thousand and seven hundred and seventy British Pounds Sterling).

ii. Post Award interest calculated at one month LIBOR for Sterling + 2% per annum, from the date of default until the date of payment of this Award.

iii. The FCC and Arbitration fees under the Appeal calculated as GBP Sterling 4,585.00 (four thousand five hundred and eighty five Brit