Intelsat Global Sales and Marketing Ltd Vrs Network Computer System Ltd. [2011] GHASC 26 (20 December 2011)

Intelsat Global Sales and Marketing Ltd Vrs Network Computer System Ltd. [2011] GHASC 26 (20 December 2011)

The Supreme Court held that the order refusing to set aside the registration of the foreign judgment was interlocutory, the appeal was filed out of time, and thus there was no competent appeal pending. Consequently, the lower courts lacked jurisdiction to entertain the applications for stay of execution. Further, any orders made in violation of section 17 of Act 180 are nullities and cannot be enforced unless leave of the High Court is obtained. The application for stay of execution was dismissed for want of jurisdiction.

Citation
[2011] GHASC 26
Parties
Plaintiff/respondent/respondent: Intelsat Global Sales and Marketing Limited; Defendant/appellant/applicant: Network Computer System Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
20 December 2011
Procedural Posture
Civil Motion / Supreme Court Application for Stay of Execution of Registered Foreign Judgment
Outcome
Application for stay of execution dismissed for want of jurisdiction; conditional stay of execution set aside; further steps or proceedings under the registered judgment stayed unless section 17 of Act 180 is complied with.
Legal Topics
Stay of Execution, Registration and Enforcement of Foreign Judgments, Jurisdiction, Liquidation of Companies, Nullity of Orders
Source Language
English
Civil Procedure Company Law Conflict of Laws Stay of Execution Registration and Enforcement of Foreign Judgments Jurisdiction Liquidation of Companies Nullity of Orders

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Parties

Intelsat Global Sales and Marketing Limited

Plaintiff/respondent/respondent

Network Computer System Limited

Defendant/appellant/applicant

Procedural Posture

Civil Motion / Supreme Court Application for Stay of Execution of Registered Foreign Judgment

Legal Issues

  1. 1 Whether the order refusing to set aside registration of a foreign judgment is interlocutory or final for appeal timelines.
  2. 2 Whether the appeal was filed within the statutory period and if not, whether the court has jurisdiction.
  3. 3 Whether proceedings for enforcement of judgment can continue against a company in liquidation without leave of court under section 17 of Act 180.

Ratio Decidendi

The Supreme Court held that the order refusing to set aside the registration of the foreign judgment was interlocutory, the appeal was filed out of time, and thus there was no competent appeal pending. Consequently, the lower courts lacked jurisdiction to entertain the applications for stay of execution. Further, any orders made in violation of section 17 of Act 180 are nullities and cannot be enforced unless leave of the High Court is obtained. The application for stay of execution was dismissed for want of jurisdiction.

Court Disposition

Application for stay of execution dismissed for want of jurisdiction; conditional stay of execution set aside; further steps or proceedings under the registered judgment stayed unless section 17 of Act 180 is complied with.

Orders

  • Application for stay of execution dismissed.
  • Order of conditional stay of execution made by the Court of Appeal set aside.