Ghana Commercial Bank Ltd Vrs Bulkship & Trade Ltd and Others [2015] GHASC 154 (21 January 2015)

Ghana Commercial Bank Ltd Vrs Bulkship & Trade Ltd and Others [2015] GHASC 154 (21 January 2015)

Applicants failed to demonstrate any good or sound legal basis to warrant reversal of the single Judge's decision; the existing undertaking by 2nd and 3rd Respondents remains sufficient pending appeal.

Citation
[2015] GHASC 154
Parties
Plaintiff/appellant/applicant: Ghana Commercial Bank Limited; Defendant/respondent: Bulkship & Trade Ltd; Defendant/respondent: Chris Chinebuah; Defendant/respondent: Dzifa French Cudjoe
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
21 January 2015
Procedural Posture
Review Motion / Application for Reversal of Single Judge's Order
Outcome
application dismissed
Legal Topics
Stay of Execution, Undertaking for Judgment Debt, Appeal Process
Source Language
English
Civil Procedure Banking Law Stay of Execution Undertaking for Judgment Debt Appeal Process

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Parties

Ghana Commercial Bank Limited

Plaintiff/appellant/applicant

Bulkship & Trade Ltd

Defendant/respondent

Chris Chinebuah

Defendant/respondent

Dzifa French Cudjoe

Defendant/respondent

Procedural Posture

Review Motion / Application for Reversal of Single Judge's Order

Legal Issues

  1. 1 Whether the single Judge's refusal to stay execution or suspend entry of judgment should be reversed
  2. 2 Whether the Respondents should be required to give a secured undertaking for the 25% judgment debt

Ratio Decidendi

Applicants failed to demonstrate any good or sound legal basis to warrant reversal of the single Judge's decision; the existing undertaking by 2nd and 3rd Respondents remains sufficient pending appeal.

Court Disposition

application dismissed

Orders

  • Application for reversal of single Judge's order is refused and dismissed.
  • Existing undertaking by 2nd and 3rd Respondents to subsist pending appeal.