Nana Sir Ofori Atta V. Nana Kwaku Amoah (1933)

LawGlobal Hub Judgment Report – West African Court of Appeal

Arbitration—The Arbitration Ordinance—Motion to set aside—Alleged Incompleteness of Award—Alleged inconsistencyParamountcy—Proof of Arrangement or Custom—Award binding if good on its face.

Facts

The parties submitted certain matters in difference between them to an arbitrator who duly made his award. The Defendants-Appellants thereupon moved to set aside the award on the following grounds (inter slits) :—

1. The award was incomplete, the arbitrator having ‘failed to decide one claim owing to there being insufficient evidinicie as to the meaning of a certain expression used.
2. The award was inconsistent, as it awarded ownership of land to certain parties and at the same time ordered them to pay to another party one-third of whatever came out of that land.

The Court below refused to set aside the award holdinithat-

1. The claim which had not been decided was only part of the evidence intended to be adduced, and was not one of the points in difference between the parties ; and
2. There was sufficient evidence before the arbitrator to enable him to find that in this case an arrangement or custom had been proved under which the actual owner of land was bound to surrender to his paramount chief a one-third share of whatsoever came out of the land.

Held

On appeal, the decision of the Court below was upheld on t1he same grounds.