Ecobank Ghana Ltd Vrs Aluminium Enterprise Ltd [2017] GHASC 40 (23 March 2017)

Ecobank Ghana Ltd Vrs Aluminium Enterprise Ltd [2017] GHASC 40 (23 March 2017)

The order of the Court of Appeal was non-executable and thus could not be suspended; the single judge erred in granting the suspension, and no special circumstances were demonstrated to justify the order.

Citation
[2017] GHASC 40
Parties
Plaintiff/appellant/respondent: Ecobank Ghana Limited; Defendant/respondent/applicant: Aluminium Enterprise Ltd.
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
23 March 2017
Procedural Posture
Review Motion / Application to Reverse Order of Single Supreme Court Judge Under Article 134(b) of the Constitution
Outcome
application granted; order of single judge vacated
Legal Topics
Stay of Execution, Review Jurisdiction, Special Review Applications, Enforcement of Judgments
Source Language
English
Civil Procedure Appellate Practice Stay of Execution Review Jurisdiction Special Review Applications Enforcement of Judgments

Case Brief

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Parties

Ecobank Ghana Limited

Plaintiff/appellant/respondent

Aluminium Enterprise Ltd.

Defendant/respondent/applicant

Procedural Posture

Review Motion / Application to Reverse Order of Single Supreme Court Judge Under Article 134(b) of the Constitution

Legal Issues

  1. 1 Whether the order of the Court of Appeal affirming the High Court’s conditional stay of execution was executable and capable of being suspended
  2. 2 Whether the single judge of the Supreme Court erred in granting an order suspending a non-executable order
  3. 3 Whether special circumstances existed to warrant the suspension of the Court of Appeal’s order

Ratio Decidendi

The order of the Court of Appeal was non-executable and thus could not be suspended; the single judge erred in granting the suspension, and no special circumstances were demonstrated to justify the order.

Court Disposition

application granted; order of single judge vacated

Orders

  • The order of the Supreme Court dated 1st December 2016 is vacated.