CUBIA ENERGY COMPANY LIMITED VRS EXCEL OIL COMPANY LIMITED (C2/123/2022) [2023] GHACC 568 (19 May 2023)

CUBIA ENERGY COMPANY LIMITED VRS EXCEL OIL COMPANY LIMITED (C2/123/2022) [2023] GHACC 568 (19 May 2023)

The applicant failed to demonstrate exceptional circumstances or credible evidence of fraud to justify a stay of execution. The mere pendency of an appeal and possibility of success are insufficient grounds. The application is dismissed.

Citation
[2023] GHACC 568
Parties
Plaintiff/judgment Creditor/respondent: Cubica Energy Company Ltd.; Defendant/judgment Debtor/applicant: Excel Oil Company Ltd.
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
19 May 2023
Case Number
C2/123/2022
Procedural Posture
Civil / Ruling on Motion for Stay of Execution Pending Appeal
Outcome
Application for stay of execution pending appeal dismissed.
Legal Topics
Stay of Execution, Summary Judgment, Appeal, Fraud Allegations
Source Language
English
Civil Procedure Stay of Execution Summary Judgment Appeal Fraud Allegations

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Parties

Cubica Energy Company Ltd.

Plaintiff/judgment Creditor/respondent

Excel Oil Company Ltd.

Defendant/judgment Debtor/applicant

Procedural Posture

Civil / Ruling on Motion for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated exceptional circumstances to warrant a stay of execution pending appeal
  2. 2 Whether the allegation of fraud constitutes a triable issue justifying a stay of execution

Ratio Decidendi

The applicant failed to demonstrate exceptional circumstances or credible evidence of fraud to justify a stay of execution. The mere pendency of an appeal and possibility of success are insufficient grounds. The application is dismissed.

Court Disposition

Application for stay of execution pending appeal dismissed.

Orders

  • Costs of GHS5000 awarded in favour of Respondent.