Attorney General and Another Vrs Apaade Lodge Ltd [2008] GHASC 7 (10 December 2008)

Attorney General and Another Vrs Apaade Lodge Ltd [2008] GHASC 7 (10 December 2008)

The Supreme Court lacks jurisdiction to grant a stay of execution of the High Court default judgment because no appeal has been filed against that judgment. Article 129(4) cannot be invoked to create jurisdiction where none exists. The only appeal pending is against the Court of Appeal's refusal to set aside the default judgment, which is non-executable. The application is therefore without merit and must be dismissed.

Citation
[2008] GHASC 7
Parties
Applicant/1st Defendant: Attorney General; Applicant/2nd Defendant: Ghana Football Association; Respondent/plaintiff: Apaade Lodge Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
10 December 2008
Procedural Posture
Civil / Supreme Court Application for Stay of Execution Pending Appeal
Outcome
Application dismissed
Legal Topics
Stay of Execution, Default Judgment, Jurisdiction, Appellate Procedure
Source Language
English
Civil Procedure Appellate Practice Stay of Execution Default Judgment Jurisdiction Appellate Procedure

Case Brief

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Parties

Attorney General

Applicant/1st Defendant

Ghana Football Association

Applicant/2nd Defendant

Apaade Lodge Limited

Respondent/plaintiff

Procedural Posture

Civil / Supreme Court Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to grant a stay of execution of a High Court default judgment when no appeal has been filed against that judgment
  2. 2 Whether Article 129(4) of the 1992 Constitution confers jurisdiction on the Supreme Court to stay execution in the absence of a pending appeal against the judgment sought to be stayed
  3. 3 Whether the proper procedure is to appeal against a default judgment or to set it aside

Ratio Decidendi

The Supreme Court lacks jurisdiction to grant a stay of execution of the High Court default judgment because no appeal has been filed against that judgment. Article 129(4) cannot be invoked to create jurisdiction where none exists. The only appeal pending is against the Court of Appeal's refusal to set aside the default judgment, which is non-executable. The application is therefore without merit and must be dismissed.

Court Disposition

Application dismissed

Orders

  • Application for stay of execution is dismissed