Ogyeadom Obranu Kwesi Atta Vi Vrs Ghana Telecommunications Co Ltd and Another [2020] GHASC 16 (28 April 2020)

Ogyeadom Obranu Kwesi Atta Vi Vrs Ghana Telecommunications Co Ltd and Another [2020] GHASC 16 (28 April 2020)

The Supreme Court has jurisdiction, by virtue of Article 129(4) of the Constitution, to grant a stay of execution of the High Court judgment affirmed by the Court of Appeal, even where the judgment of the Court of Appeal is not itself executable. The court departed from previous restrictive decisions, holding that in appropriate cases, to do substantial justice and prevent the appeal from being rendered nugatory, it can grant a stay of execution of the underlying executable judgment. The applicant demonstrated exceptional circumstances, including the risk of crippling its business, justifying the grant of stay.

Citation
[2020] GHASC 16
Parties
Plaintiff/respondent/respondent: Ogyeadom Obranu Kwesi Atta VI; 1st Defendant/appellant/applicant: Ghana Telecommunications Co. Ltd.; 2nd Defendant: Lands Commission
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
28 April 2020
Procedural Posture
Civil Motion / Ruling on Application for Stay of Execution Pending Appeal to Supreme Court
Outcome
Application for stay of execution granted
Legal Topics
Stay of Execution, Jurisdiction of Supreme Court, Appellate Remedies, Enforcement of Judgments
Source Language
English
Civil Procedure Appellate Practice Stay of Execution Jurisdiction of Supreme Court Appellate Remedies Enforcement of Judgments

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Parties

Ogyeadom Obranu Kwesi Atta VI

Plaintiff/respondent/respondent

Ghana Telecommunications Co. Ltd.

1st Defendant/appellant/applicant

Lands Commission

2nd Defendant

Procedural Posture

Civil Motion / Ruling on Application for Stay of Execution Pending Appeal to Supreme Court

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to grant a stay of execution of a non-executable judgment of the Court of Appeal
  2. 2 Whether the Supreme Court can stay execution of the High Court judgment affirmed by the Court of Appeal when the latter's judgment is not itself executable
  3. 3 What is the proper legal basis and threshold for granting a stay of execution in such circumstances

Ratio Decidendi

The Supreme Court has jurisdiction, by virtue of Article 129(4) of the Constitution, to grant a stay of execution of the High Court judgment affirmed by the Court of Appeal, even where the judgment of the Court of Appeal is not itself executable. The court departed from previous restrictive decisions, holding that in appropriate cases, to do substantial justice and prevent the appeal from being rendered nugatory, it can grant a stay of execution of the underlying executable judgment. The applicant demonstrated exceptional circumstances, including the risk of crippling its business, justifying the grant of stay.

Court Disposition

Application for stay of execution granted

Orders

  • Order of stay of execution granted in respect of the judgment of the High Court, Agona Swedru dated May 10, 2017, pending determination of the appeal in the Supreme Court