WESTCHESTER RESOURCE LTD. VS. CAML GHANA LTD & 6 ORS.

RULING

DENNIS ADJEI, J.A.

On 15th December, 2011, the plaintiff instituted this action against the defendants jointly and severally for the eleven (11) reliefs endorsed on the writ of summons. The defendants were served with the writ of summons and the statement of claim by substituted service. The defendants entered conditional appearance and pursuant to that filed a motion to set aside the writ of summons under Order 9 Rule 3 of the High Court (Civil Procedure) Rules C.I. 47.

On 26th March, 2012, the 1st defendant filed a motion to stay proceedings pending Arbitration under section 6 of the Alternative Dispute Resolution Act, 2010 Act 798. The plaintiff filed an affidavit in opposition to the application but when the application came on for hearing, on 18th April, 2012, the plaintiff said it was no more opposed to the application and the application was accordingly granted as prayed.

On 16th July, 2012, the plaintiff filed the instant application to set aside the Order for stay of proce…