Merchant Bank Ghana Ltd Vrs Similar Ways Ltd [2011] GHASC 13 (3 March 2011)

Merchant Bank Ghana Ltd Vrs Similar Ways Ltd [2011] GHASC 13 (3 March 2011)

The Supreme Court held that, in the special circumstances where judgment was delivered without notice to the applicant, the entry of judgment should be suspended pending the determination of the applicant’s appeal, to prevent injustice and protect the applicant’s interests. The court exercised its inherent and residual powers to grant relief not expressly provided for by the rules, as the situation involved a fundamental breach of natural justice.

Citation
[2011] GHASC 13
Parties
Plaintiff/appellant/applicant: Merchant Bank Ghana Ltd.; Defendant/respondent: Similar Ways Ltd.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
3 March 2011 20 July 2011 3 March 2011
Procedural Posture
Civil Motion / Application for Interim Injunction Pending Appeal Before Supreme Court
Outcome
Application granted
Legal Topics
Interlocutory Injunction, Stay of Execution, Natural Justice, Judgment Enforcement
Source Language
English
Civil Procedure Banking Law Interlocutory Injunction Stay of Execution Natural Justice Judgment Enforcement

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Parties

Merchant Bank Ghana Ltd.

Plaintiff/appellant/applicant

Similar Ways Ltd.

Defendant/respondent

Procedural Posture

Civil Motion / Application for Interim Injunction Pending Appeal Before Supreme Court

Legal Issues

  1. 1 Whether the Supreme Court can suspend the entry of judgment pending appeal where judgment was delivered without notice to a party
  2. 2 Whether remedies not expressly provided for by rules of court can be granted to prevent injustice

Ratio Decidendi

The Supreme Court held that, in the special circumstances where judgment was delivered without notice to the applicant, the entry of judgment should be suspended pending the determination of the applicant’s appeal, to prevent injustice and protect the applicant’s interests. The court exercised its inherent and residual powers to grant relief not expressly provided for by the rules, as the situation involved a fundamental breach of natural justice.

Court Disposition

Application granted

Orders

  • The entry of judgment in the High Court filed on 28/7/2009 dated 8th January 2009 is suspended pending the determination of the applicant’s appeal to the Supreme Court.