MOCHCOM LIMITED VRS CYPRESS INVESTMENTS LTD. (J4/42/2023) [2024] GHASC 31 (4 June 2024)

The Court of Appeal retains inherent jurisdiction to entertain and determine repeat applications for stay of proceedings pending appeal, notwithstanding the revocation of Rules 27A and 28 by C.I. 132; the statutory revocation does not oust the Court's inherent powers.

Citation: MOCHCOM LIMITED VRS CYPRESS INVESTMENTS LTD. (J4/42/2023) [2024] GHASC 31 (4 June 2024)
Parties: Plaintiff/respondent/respondent: Mochcom Limited; Defendant/appellant/appellant: Cypress Investments Ltd.
Court: ghasc
Jurisdiction: Ghana
Judgment Date: 4 June 2024
Procedural Posture: Civil Appeal / Interlocutory Appeal
Outcome: appeal allowed
Legal Topics: Stay of Proceedings, Inherent Jurisdiction, Court of Appeal Rules, Costs
Source Language: eng

Civil Procedure Appellate Practice Stay of Proceedings Inherent Jurisdiction Court of Appeal Rules Costs

Case Brief

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Parties

Mochcom Limited

Plaintiff/respondent/respondent

Cypress Investments Ltd.

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Interlocutory Appeal

Legal Issues

1 Whether the Court of Appeal (Amendment) Rules, 2020 (C.I. 132) revoked the Court of Appeal's jurisdiction to determine applications for stay of proceedings pending appeal
2 Whether the award of costs against the applicant was justified given the legal error in dismissing the application

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Case remitted to the Court of Appeal to assume jurisdiction and hear and determine the application for stay of proceedings on its merit.
Costs of GH¢3000 awarded against the defendant by the Court of Appeal set aside.