Golden Beach Hotels (gh) Ltd Vrs Packplus International Ltd [2012] GHASC 14 (7 March 2012)
The applicant failed to demonstrate exceptional circumstances or prove that its appeal would be rendered nugatory if the application was refused; thus, the stricter test for suspension of orders or stay of proceedings was not met.
- Citation
- [2012] GHASC 14
- Parties
- Applicant: Golden Beach Hotels (GH) Ltd; Respondent: Packplus International Ltd
- Court
- Supreme Court
- Jurisdiction
- Ghana
- Judgment Date
- 7 March 2012
- Procedural Posture
- Civil Motion / Application for Suspension of Court of Appeal Order or Stay of Execution
- Outcome
- application dismissed
- Legal Topics
- Stay of Execution, Suspension of Orders, Arbitral Award Enforcement
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Golden Beach Hotels (GH) Ltd
Applicant
Packplus International Ltd
Respondent
Procedural Posture
Civil Motion / Application for Suspension of Court of Appeal Order or Stay of Execution
Legal Issues
- 1 Whether the Supreme Court should suspend the order of the Court of Appeal or stay proceedings consequent upon that order
- 2 Whether the applicant has demonstrated exceptional circumstances justifying the extraordinary remedies sought
Ratio Decidendi
The applicant failed to demonstrate exceptional circumstances or prove that its appeal would be rendered nugatory if the application was refused; thus, the stricter test for suspension of orders or stay of proceedings was not met.
Court Disposition
application dismissed
Full Case Text
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