Administrator for and on behalf of CDL Asset Management Ltd. & Consolidated Discount Ltd. v. Metropolis Development Ltd. & 2 Ors.

The application before us by the Plaintiff/Respondent/Applicant/ Appellant is a twopronged one, i.e. “Motion on notice to stay proceedings and to set aside the ruling of the court dated the 1st day of February, 2023 under the inherent jurisdiction of the court.” The affidavit extensively argues the legal point that this court (differently constituted) did not have the discretion or the jurisdiction to grant extension of time for an interlocutory appeal filed outside the 21 days stipulated in the Rules.

One of the grounds of opposition to the application is that is constitutes a gross abuse of the processes of the court as the applicant has also filed at the Supreme Court an application in the nature of a Certiorari to quash the same Ruling which is the subject of the application before us.

We note that the application before us was filed on 6th February whilst the Certiorari application before the Supreme Court was filed the next day 7th February with return date of 14th March, 2023.

We agree with the respondent that it is undesirable for this court to entertain the present application in the light of the pending application before the Supreme Court.

We will defer to the superior jurisdiction of the Supreme Court and dismiss the application as misconceived.

(Sgd.)

CECILIA H. SOWAH

(Sgd.)

Bartels-Kodwo, (J.A.) I agree JANAPARE BARTELS-KODWO

[JUSTICE OF APPEAL]

(Sgd.)

Anku-Tsede, (J.A.) I also agree OLIVIA ANKU-TSEDE

[JUSTICE OF APPEAL]