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DE SIMONE LIMITED V. OLAM GHANA LIMITED

(2017) JELR 63585 (CA)

Court of Appeal  •  SUIT NO: H1/24/2016  •  27 Apr 2017  •  Ghana

Coram
V.D. OFOE J.A (PRESIDING), ADUAMA OSEI J.A, AVRIL LOVELACE-JOHNSON J.A

Judgement

JUDGMENT

AVRIL LOVELACE-JOHNSON (J.A)

The designation of the parties in the high court will be maintained in this appeal. The Plaintiff sued the Defendant for the recovery of the sum of US$6,146,363.09 being the amount owed them for work done regarding the construction of the latter's factory, interest thereon and an order extending the time for completing the construction of the said factory.

The Defendant denied this claim and counterclaimed for reliefs of its own.

Hearing in the suit commenced but in the course of the evidence of the Plaintiff's representative on 5th May 2015, the Defendant applied for a stay of proceedings and sought a referral of the matter to arbitration. The Plaintiff opposed this but the court granted the application. Being dissatisfied with this, the Plaintiff has filed the present appeal.

Two grounds of appeal were filed but Counsel for the Plaintiff states in his written submissions that only the second ground will be argued. The first ground that the ruling is …

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