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June 13, 2024
HIGH COURT
GHANA
CORAM
RULING ON MOTION ON NOTICE FOR AN ORDER TO STAY PROCEEDINGS PENDING APPEAL
I have had regard to the affidavits filed by the parties in this matter, I have also had regard to the oral submission by Counsel for Defendant/Applicant regarding the application to stay proceedings in this matter pending the determination of an appeal against the court’s decision dated 16th April, 2024. Firstly, I find that the only reason for filing the instant application is that they are aggrieved at the decision of the court and that the appeal has a good chance of success.
I however find that they failed to demonstrate to the court, the basis for their claim that the appeal has a strong chance of success.
Be that as it may, I accept the submissions of counsel for the Defendant/Applicant that this ruling for which the appeal has been launched is dispositive of the case.
This reason to my mind is significantly compelling.
Since good case management practice requires that dispositive matters be dealt with first instead of engaging in the drudgery of a long trial process.
Accordingly, the application is hereby granted as prayed.
Proceedings in this matter is hereby stayed to abide the decision of the court of appeal.
Case adjourned sine die.
EMMANUEL ATSU LODOH J. HIGH COURT JUDGE.
AI Generated Summary
In a ruling on a motion to stay proceedings pending appeal, Justice Emmanuel Atsu Lodoh of the High Court considered affidavits from the parties and oral submissions by counsel for the Defendant/Applicant concerning an appeal from the court’s decision dated 16 April 2024. The judge noted that the primary basis advanced was that the Defendant/Applicant was aggrieved by the decision and believed the appeal had a good chance of success, but held they failed to substantiate that assertion. Nevertheless, the court accepted that the decision under appeal is dispositive of the case and found that this constituted a significantly compelling reason to grant a stay. Emphasizing good case management—dealing with dispositive matters before undertaking a lengthy trial—the court granted the application as prayed, stayed proceedings to abide the Court of Appeal’s decision, and adjourned the case sine die.