Skylimit Structure Builders Ltd and Others Vrs Tullow Ghana Ltd and Others [2017] GHASC 16 (13 July 2017)

Skylimit Structure Builders Ltd and Others Vrs Tullow Ghana Ltd and Others [2017] GHASC 16 (13 July 2017)

The applicant failed to demonstrate any prima facie error of law or abuse of discretion by the Court of Appeal. The grounds advanced did not meet the statutory or constitutional threshold for special leave to appeal. The Court of Appeal's approach was consistent with established Supreme Court jurisprudence.

Citation
[2017] GHASC 16
Parties
Plaintiff/respondent/respondent: Skylimit Structure Builders Ltd; Defendant/appellant/applicant: Tullow Ghana Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
13 July 2017
Procedural Posture
Civil Motion / Application for Special Leave to Appeal Interlocutory Decision
Outcome
Application dismissed
Legal Topics
Special Leave to Appeal, Stay of Execution, Discretion of Appellate Courts
Source Language
English
Civil Procedure Appellate Practice Special Leave to Appeal Stay of Execution Discretion of Appellate Courts

Case Brief

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Parties

Skylimit Structure Builders Ltd

Plaintiff/respondent/respondent

Tullow Ghana Ltd

Defendant/appellant/applicant

Procedural Posture

Civil Motion / Application for Special Leave to Appeal Interlocutory Decision

Legal Issues

  1. 1 Whether the applicant demonstrated grounds for special leave to appeal under section 4(2) of the Courts Act, 1993 (Act 459) and Article 131(2) of the Constitution
  2. 2 Whether the Court of Appeal misapplied its jurisdiction under Article 138(b) in refusing to vary the single judge's order

Ratio Decidendi

The applicant failed to demonstrate any prima facie error of law or abuse of discretion by the Court of Appeal. The grounds advanced did not meet the statutory or constitutional threshold for special leave to appeal. The Court of Appeal's approach was consistent with established Supreme Court jurisprudence.

Court Disposition

Application dismissed