Ghana Commercial Bank Vrs Eastern Alloys Company Ltd [2016] GHASC 89 (17 November 2016)
No proceedings are necessitated by the Court of Appeal judgment as the purchaser is already in possession and the judgment debt has been paid; thus, the limited jurisdiction to stay proceedings under Rule 20(1) of C.I.16 is not properly invoked and the application is refused.
- Citation
- [2016] GHASC 89
- Parties
- Plaintiff/respondent: Ghana Commercial Bank; Defendant/applicant: Eastern Alloys Company Ltd
- Court
- Supreme Court
- Jurisdiction
- Ghana
- Judgment Date
- 17 November 2016
- Procedural Posture
- Civil Motion / Application for Stay of Proceedings Pending Appeal
- Outcome
- application refused
- Legal Topics
- Stay of Proceedings, Execution of Judgment, Appeals, Auction Sales
- Source Language
- English
Case Brief
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Parties
Ghana Commercial Bank
Plaintiff/respondent
Eastern Alloys Company Ltd
Defendant/applicant
Procedural Posture
Civil Motion / Application for Stay of Proceedings Pending Appeal
Legal Issues
- 1 Whether the Supreme Court can grant a stay of proceedings under a judgment of the Court of Appeal that does not contain an executable order pending appeal
- 2 Whether any proceedings are necessitated by the decision of the Court of Appeal that may be stayed
Ratio Decidendi
No proceedings are necessitated by the Court of Appeal judgment as the purchaser is already in possession and the judgment debt has been paid; thus, the limited jurisdiction to stay proceedings under Rule 20(1) of C.I.16 is not properly invoked and the application is refused.
Court Disposition
application refused
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