DRAM OIL & TRADING LTD v. ALFAPETRO (GH) LTD & ANOR

On the 8th of February, 2023, this Court made a ruling upon an application and

disjoined one Eric Forson who until then was listed as the 2nd Defendant in this action.

The Plaintiff/Applicant herein dissatisfied with the decision filed an interlocutory

appeal on or about the 23rd February, 2023. Pursuant to the said notice of appeal, the

Plaintiff again filed the instant application on the 9th of March, 2023 praying the Court

to stay proceedings in the case pending the hearing and determination of the

interlocutory appeal. In support of the motion, the Plaintiff/Applicant filed a 16

paragraph affidavit in support. Of particular importance and for purposes of putting

the case of the Applicant into perspective, I quote hereunder paragraphs 7 through 12

of the Affidavit in Support and as follows;-

“7. That I am advised by Counsel and verily believe same to be true that being

dissatisfied by the Ruling of the Court, the applicant would like to exercise its

full legal rights to have that decision reviewed by the Court of Appeal and for

that appellate Court to pronounce on same before this suit continues, in order

not to prejudice the effective adjudication of the applicant’s full allegations and

claims before this court as well.

8. That I am further advised by Counsel and verily believe same to be true that

the right of the Applicant to the grant of this order is not subject to the court’s

own view of the correctness of its order, which is now sought to be stayed by

the Applicant pending appeal.

9. That I am further advised by Counsel and verily believe same to be true that

the consideration for the grant of an Order for stay lies in the real likelihood

that the Applicant’s appeal, if successful will be rendered nugatory where the

Applicant would have been compelled to surrender a legal point, without the

grant of the Order for Stay, especially in circumstances which show that the

Respondent will not be capable of restoring the Applicant to the status quo ante

should the applicant’s appeal be successful.

10. That I am advised by Counsel and verily believe same to be true that given the

pleadings filed in this suit, this case presents such a real possibility where the

subject matter of the dispute will be irretrievably lost before the determination

of the appeal, should this application for stay of proceedings be refused.

11. That I am advised by Counsel and verily believe same to be true that in the

circumstances this order f