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FOOD SPECIALITIES (GHANA) LTD V. RAMIA

(1989) JELR 68088 (SC)

Supreme Court  •  19 Nov 1989  •  Ghana

Coram
ADADE AG CJ,WUAKU J.S.C,AMUA-SEKYI J.S.C,EDWARD WIREDU J.S.C. ,OFORI-BOATENG J.A.

Judgement

ADADE AG. CJ.: I have had the advantage of reading beforehand the opinions of my brothers Amua-Sekyi JSC and Ofori-Boateng JA. Both have sketched the facts of this case in great detail, and I do not need to repeat them here.

It is incontrovertible that the Court of Appeal is not the proper forum to go, in the first instance, to seek a change or withdrawal of an arbitrator for whatever reason. The court lacked the jurisdiction to entertain the application which resulted in the ruling of 26 February 1989, now on appeal before us.

But there is an even more fundamental issue than the jurisdiction of the Court of Appeal, going to the root of the arbitration itself. The issue has been brought about by the fact that instead of the two parties respecting the agreement to appoint a single arbitrator, as provided in the tenancy agreement of October 1982, they chose to resort to two arbitrators, thus inviting a consideration of section 12 (1) of the Arbitration Act, 1961 (Act 38),which provides th…

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