Republic Vrs Court Of Appeal, Exparte. Economic and Organised Crime Office [2018] GHASC 43 (4 July 2018)

Republic Vrs Court Of Appeal, Exparte. Economic and Organised Crime Office [2018] GHASC 43 (4 July 2018)

The Court of Appeal lacked jurisdiction to entertain the interested party's application to set aside the stay of execution because the interested party had no appeal pending and the High Court had not refused any application, thus Rule 28 of CI 19 of 1997 did not apply.

Citation
[2018] GHASC 43
Parties
Appellant/applicant: Economic and Organised Crime Office; Interested Party/respondent: Nicholas Anamo
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
4 July 2018
Procedural Posture
Civil Motion / Application for Certiorari in Supreme Court to Quash Court of Appeal Order
Outcome
application granted
Legal Topics
Supervisory Jurisdiction, Certiorari, Stay of Execution, Jurisdiction, Appeals
Source Language
English
Civil Procedure Criminal Law Supervisory Jurisdiction Certiorari Stay of Execution Jurisdiction Appeals

Case Brief

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Parties

Economic and Organised Crime Office

Appellant/applicant

Nicholas Anamo

Interested Party/respondent

Procedural Posture

Civil Motion / Application for Certiorari in Supreme Court to Quash Court of Appeal Order

Legal Issues

  1. 1 Whether the Court of Appeal had jurisdiction to set aside the High Court's order for stay of execution when no appeal was pending by the interested party
  2. 2 Whether the interested party could invoke the Court of Appeal's jurisdiction for a repeat application under Rule 28 of CI 19 of 1997

Ratio Decidendi

The Court of Appeal lacked jurisdiction to entertain the interested party's application to set aside the stay of execution because the interested party had no appeal pending and the High Court had not refused any application, thus Rule 28 of CI 19 of 1997 did not apply.

Court Disposition

application granted

Orders

  • Order of the Court of Appeal setting aside the High Court's stay of execution is quashed