KLIMATECHNIK ENGINEERING LTD V. SKANSKS JENSEN INTERNATIONAL

JUDGMENT

ATUGUBA, J.S.C:

This appeal has reached us from an attempt to set aside an arbitration award between the parties.  The award is dated the 26th June 1998.  It was a majority decision of 2-1.  The Defendant/Appellant/Respondent was first to apply to the High Court, Accra, for leave to enter the award as a judgment of the court.  The Plaintiff/Respondent/Appellant countered with an application dated the 20th day of October 1993 for extension of time within which to apply to set aside the award.  This was granted, for 10 days.  Upon default on this period of time, one of the Defendant/Appellant/Respondent’s solicitors, Mr. E.V.A. Adjetey, consented, out of court, to enlargement of time, purportedly under order 64 rule 7 of LN140A.  Notwithstanding this the Defendant/Appellant/Respondent successfully contended in the Court of Appeal that the Plaintiff/Respondent/Appellant’s motion to set aside the award, not having been brought within time, should have been struck out by the High Co…