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KOUSAIFI V. NORWICH UNION FIRE INSURANCE SOCIETY LTD.

(1962) JELR 65138 (HC)

High Court  •  25 Jun 1962  •  Ghana

Coram
OLLENNU J.

Judgement

OLLENNU J.

The applicants, an insurance company, hereinafter called the company, have moved the court to set aside an award made by A. M. Akiwumi, Esq., a sole arbitrator appointed by them and the respondent, in a dispute arising out of an insurance policy taken by the respondent. The application was made under Order 64, rule 13 of the Supreme [High] Court (Civil Procedure) Rules, 1954.

In order that an award may be set aside by the court, it must be shown that an error in law exists on the face of it; this includes an error on the face of any document incorporated therewith, attached thereto, or referred to therein. See Halsbury’s Laws of England (3rd ed.) Vol. 2, page 60 paragraph 127. In Hitchins v. British Coal Refining Processes Ltd.,1(1) an arbitrator in his award referred to certain paragraphs of pleadings and used them as part of the basis of his award. It was held that the court had to look at those paragraphs of the pleadings together with the award itself to determine whether…

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