REPUBLIC v. HIGH COURT(COMMERCIAL DIVISION, ACCRA)

DOTSE, JSC:-

By these proceedings commenced in this court, the Applicants herein are seeking an order of Certiorari directed at the High Court (Commercial Division), Accra to remove and bring up into this court for the purpose of being quashed, the ruling of the High Court Accra, Coram: Samuel K. A. Asiedu J, dated 21st December, 2017 in Suit No. MISC./0184/17 intitutled In The Matter of The High Court Civil Procedure Rules 2004, Order 19 r. 1 (2) And in The Matter of Section 40 of the Alternative Dispute Resolution Act, 2010 (Act 798) And in The Matter of Arbitration Between AJ FANJ Construction Limited And West Africa Quarries Limited And in The Matter of An Application For Determination of A Preliminary Point of Law Pursuant to Section 40 of Act 798, Regarding The Joinder of GHACEM Limited To the Arbitration As a Non Signatory Party.

FACTS OF THE CASE

The facts of the instant application are fairly simple and admit of no controversy whatsoever. They may therefore be stated as follows:-

On the 8th of July, 2009, West Africa Quarries Limited (hereinafter called WAQL) entered into a contract with AJ FANJ Construction and Engineering Limited hereafter referred to as the (Interested Party) for the operation of limestone mining, crushing and haulage of limestone from it’s concessions at Yongwa in the Eastern Region. Subsequent to terms of settlement executed between WAQL and the Interested Party, the parties agreed that the Interested Party shall continue to mine and supply limestone from the Yongwa Concession as they had been doing previously based on agreements beyond December 2012, which was the expiry date of the then prevailing agreement. As part of the settlement it was agreed to extend the duration of the 2009 Yongwa contract which was to end in December 2012 for an indefinite period.

In June 2016, the Yongwa Concession was attached in execution of a judgment obtained against WAQL. Following the shutdown of the Yongwa Concession as a result of the attachment of same in execution of the judgment, the Interested Party herein, instituted arbitral proceedings against WAQL as stipulated in the contract. WAQL not only disputed the claims of the Interested Party, but also proceeded to file it’s statement of Defence, after which the Interested Party filed a Reply.

The parties thereafter proceeded to appoint a sole arbitrator to conduct the arbitral proceedings. In the course of the arbitral proceedings, the Interested Party by motion for joinder filed on