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KUSI V. SHELL COMPANY OF GHANA LTD.

(1973) JELR 68201 (CA)

Court of Appeal  •  20 Nov 1973  •  Ghana

Coram
APALOO JA,AMISSAH JA,SOWAH J.A.

Judgement

AMISSAH J.A.: This is an appeal against the judgment of Attoh J. awarding the sum of £G3,114 9s. 10d. to the respondents on a claim for petroleum products sold to the appellant. The case began by a writ in April 1962. The High Court disposed of it in October 1965. Now, ten years later the appellant asks us to order a retrial because the case was not properly heard on its merits. What are his grounds for this request?

The first submission made on his behalf was that the sale was under an agreement, clause (8) of which made disputes between the parties subject to an arbitration clause. According to this agreement once there was such a clause the court’s jurisdiction was at least postponed until the arbitration had been held. In this case there was no arbitration. The trial court had been made aware of the arbitration clause but had brushed it summarily aside on the ground that the law required that an application be made by the party who wanted the arbitration but there was no such appl…

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