Mary Tsotsoo Laryea and 4 Others Vrs Amarkai Laryea [2018] GHASC 39 (7 June 2018)

Mary Tsotsoo Laryea and 4 Others Vrs Amarkai Laryea [2018] GHASC 39 (7 June 2018)

The Supreme Court has no jurisdiction to stay proceedings in the High Court in the absence of a substantive jurisdiction or statutory authority. Article 129(4) is auxiliary and cannot be invoked independently to grant the relief sought. The application is therefore dismissed for want of jurisdiction.

Citation
[2018] GHASC 39
Parties
Plaintiff/appellant/respondent/respondent: Kwadwo Dankwa; Plaintiff/appellant/respondent/respondent: Francis Adom; Plaintiff/appellant/respondent/respondent: Kwaku Addae; Plaintiff/appellant/respondent/respondent: Yaw Boateng; Defendant/respondent/appellant/applicant: Anglogold Ashanti Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
7 June 2018
Procedural Posture
Civil Motion / Ruling on Application for Stay of Proceedings
Outcome
application dismissed
Legal Topics
Stay of Proceedings, Jurisdiction, Limitation of Actions, Employment Status
Source Language
English
Civil Procedure Employment Law Constitutional Law Stay of Proceedings Jurisdiction Limitation of Actions Employment Status

Case Brief

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Parties

Kwadwo Dankwa

Plaintiff/appellant/respondent/respondent

Francis Adom

Plaintiff/appellant/respondent/respondent

Kwaku Addae

Plaintiff/appellant/respondent/respondent

Yaw Boateng

Plaintiff/appellant/respondent/respondent

Anglogold Ashanti Ltd

Defendant/respondent/appellant/applicant

Procedural Posture

Civil Motion / Ruling on Application for Stay of Proceedings

Legal Issues

  1. 1 Whether the Supreme Court has jurisdiction to stay proceedings in the High Court under Article 129(4) of the Constitution, 1992
  2. 2 Whether the inherent jurisdiction of the Supreme Court can be invoked to stay proceedings in the High Court
  3. 3 Whether the application for stay of proceedings should be granted

Ratio Decidendi

The Supreme Court has no jurisdiction to stay proceedings in the High Court in the absence of a substantive jurisdiction or statutory authority. Article 129(4) is auxiliary and cannot be invoked independently to grant the relief sought. The application is therefore dismissed for want of jurisdiction.

Court Disposition

application dismissed

Orders

  • application for stay of proceedings is dismissed