GH - ANGELA DIALA LIST vs PAUL E. LIST & ORS

The Court has heard arguments from both Counsel for and against the application for stay on the Ruling of this Court given on 25th March, 2022. The Court has also carefully studied all the processes before it. The authorities are clear that exceptional circumstances must exist to warrant the grant of stay. See Merchant Bank v. Similar ways [2012] SCGLR page 440. It is the argument of the Respondent that this Court stepped outside its jurisdiction when it went into the merits of the case in spite of the fact that it was an application for Interim Injunction and determined that the Applicant was a Director. The Court is of the view that Counsel for Respondent’s arguments is misconceived. What the Court noted from all the available evidence was that, the Respondents are not denying the fact that the Applicant is a Director; what they are denying is that the Applicant obtained the Directorship fraudulently. Aside this, I do not see any exceptional circumstances that should warrant the stay of execution. The Court will refuse the application. The 1st & 3rd Respondents/Applicants have five (5) days to file the repeat application, if they so wish. The case is adjourned to 14th November, 2022 at 9:00 a.m.

(SGD.)

H/L JANE HARRIET AKWELEY QUAYE (MRS.)

R.A. (JUSTICE OF THE HIGH COURT)

(SGD.)

H/L JANE HARRIET AKWELEY QUAYE (MRS.)

R.A. (JUSTICE OF THE HIGH COURT)

ANGELA DIALA LIST vs PAUL E. LIST & ORS

Areas of Law

RULING