TANOR V. DAPOMAH

JUDGMENT

ADUMUA-BOSSMAN J.

(His lordship referred to the history of the case, and on the issue whether or not there had been a valid customary arbitration continued):

Firstly, we find that it is not one of those cases in which parties to a dispute, even if through or by means of the intervention or persuasion of some third party or parties, in the ultimate result have themselves proprio motu (of their own accord or volition) not only agreed to refer their dispute to a person or persons agreed on by them to investigate the merits thereof fairly and impartially from their respective points of view and give a decision thereon, but also undertaken to abide by or accept the decision. Rather we find, in this case, one party complaining of the other to the Ohene or chief of the town, the other attending at the chief’s and the matter was said to have been investigated and a decision given against the party complained against. The evidence on record is not clear as to what exactly happened after …