Adrease Vrs Investcom Consortium Holdings S.A. and Another [2007] GHACA 12 (9 November 2007)

Adrease Vrs Investcom Consortium Holdings S.A. and Another [2007] GHACA 12 (9 November 2007)

The appeal was filed out of time, exceeding the statutory 21-day period, rendering it incompetent to support the application for stay. There is no provision for extension of time to appeal against an interlocutory decision. Arbitration could proceed simultaneously with trial, so failure to file defence to preserve arbitration rights was not justified.

Citation
[2007] GHACA 12
Parties
Plaintiff/respondent: David Andreas Hesse; Defendant/applicant: Investcom Consortium Holding S.A.; Defendant: Scancom Ltd.; Interested Party: Interested Party
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
9 November 2007
Procedural Posture
Civil / Ruling on Application for Stay of Proceedings Pending Appeal
Outcome
application dismissed
Legal Topics
Interlocutory Judgment, Default of Defence, Stay of Proceedings, Arbitration Clause, Appeal Timelines
Source Language
English
Civil Procedure Arbitration Commercial Law Interlocutory Judgment Default of Defence Stay of Proceedings Arbitration Clause Appeal Timelines

Case Brief

Summary, issues, holding and outcome

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Parties

David Andreas Hesse

Plaintiff/respondent

Investcom Consortium Holding S.A.

Defendant/applicant

Scancom Ltd.

Defendant

Interested Party

Interested Party

Procedural Posture

Civil / Ruling on Application for Stay of Proceedings Pending Appeal

Legal Issues

  1. 1 Whether the appeal against the interlocutory judgment was filed within the statutory period
  2. 2 Whether a stay of proceedings pending appeal should be granted
  3. 3 Whether failure to file defence in time was justified by reliance on arbitration provisions

Ratio Decidendi

The appeal was filed out of time, exceeding the statutory 21-day period, rendering it incompetent to support the application for stay. There is no provision for extension of time to appeal against an interlocutory decision. Arbitration could proceed simultaneously with trial, so failure to file defence to preserve arbitration rights was not justified.

Court Disposition

application dismissed

Orders

  • Application for stay of proceedings pending appeal is dismissed.