Felix Vrs Antonelli and Another [2017] GHASC 50 (20 July 2017)

Felix Vrs Antonelli and Another [2017] GHASC 50 (20 July 2017)

Applicants failed to demonstrate any exceptional circumstances beyond the nugatory effect to warrant suspension of the Court of Appeal order. The appeal before the Supreme Court was not against the preservation order itself, and granting the application would pre-empt the pending appeal before the Court of Appeal. The settled principle is that non-executable orders cannot be stayed or suspended without more than a nugatory effect.

Citation
[2017] GHASC 50
Parties
Plaintiff/respondent/respondent: Antonio Olimpio Santos Felix; Defendant/appellant/applicant: Giovanni Antonelli; Defendant/appellant/applicant: Biglebb Const. & Crushing Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
20 July 2017
Procedural Posture
Civil Motion / Application for Suspension of Enforcement of Court of Appeal Order Pending Appeal
Outcome
application dismissed
Legal Topics
Stay of Execution, Suspension of Orders, Interlocutory Applications, Appeals
Source Language
English
Civil Procedure Stay of Execution Suspension of Orders Interlocutory Applications Appeals

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Parties

Antonio Olimpio Santos Felix

Plaintiff/respondent/respondent

Giovanni Antonelli

Defendant/appellant/applicant

Biglebb Const. & Crushing Ltd

Defendant/appellant/applicant

Procedural Posture

Civil Motion / Application for Suspension of Enforcement of Court of Appeal Order Pending Appeal

Legal Issues

  1. 1 Whether the Supreme Court should suspend enforcement of the Court of Appeal order dated 20th July 2016 pending appeal
  2. 2 Whether applicants demonstrated exceptional circumstances to warrant suspension of a non-executable order

Ratio Decidendi

Applicants failed to demonstrate any exceptional circumstances beyond the nugatory effect to warrant suspension of the Court of Appeal order. The appeal before the Supreme Court was not against the preservation order itself, and granting the application would pre-empt the pending appeal before the Court of Appeal. The settled principle is that non-executable orders cannot be stayed or suspended without more than a nugatory effect.

Court Disposition

application dismissed