A.A. MINERALS V. ALTROM S.A

JUDGMENT

OFOE, J.A.

Plaintiff/respondent herein after referred to as the plaintiff sued the defendant/appellant for

“(a) A declaration that the purported arbitration which was conducted contrary o the tenets of the procedural provisions as set out in the arbitration clause in the written agreement between the parties culminating in the Award by the purported arbitration tribunal is a nullity. 

(b) The settings aside proceedings of the purported arbitration and its consequential award dated 4th June 2018.

(c) Cost 

(d) Any Further order(s)”.

We will refer to the defendant/ appellant as defendant.

It is the case of the plaintiff that in 2012 it entered into an agreement with the defendant for small scale miners to supply the defendant gold in exchange for the supply of mining equipment. Ownership of the equipment was not to change until full payment had been made by the small-scale miners. Because of the intervention of the government which banned small scale mining the gold could not be supp…