EASTERN ALLOYS COMPANY LIMITED VS CHIRANO GOLD MINES LIMITED
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP SAMUEL K. A. ASIEDU, J.
Areas of Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves an application for stay of execution of a High Court judgment dated October 13, 2014. The applicant sought this relief pending the determination of an appeal against a Court of Appeal ruling from February 12, 2016. The court found that the applicant had already been granted similar relief by both the High Court and Court of Appeal in previous proceedings. The High Court, in this instance, refused to entertain the application, deeming it an abuse of court process. The court emphasized that it would be presumptuous to consider an application for relief already granted by courts of competent jurisdiction. This decision underscores the principle that repetitive applications for the same relief constitute an abuse of the court process and should not be entertained.
This court has been called upon by a motion on notice for an order to stay the execution of the judgment of the High Court dated the 13th October 2014 pending the determination of an appeal lodged against a ruling of this court delivered on the 12th February 2016. The application is supported and opposed by affidavits.
The applicant proceeds under rules 271A and 28 of the Court of Appeal Rules, CI.
19. The reasons for which the applicant seeks the order for stay of execution are set out in the supporting affidavit and it is clear to this court that the judgment whose execution the applicant is seeking to stay is not the subject matter of appeal as far as this application is concerned.
That is to say, the appeal is against the ruling delivered by this court on the 12th February 2016 in which the court refused to set aside an Entry of Judgment filed by the respondent in this matter.
The appeal for which reason this application has been brought is not against the judgment whose execution is sought.
More importantly, the applicant has faithfully deposed in paragraphs 10, 11, 12, 13, 14, 15 and 16 of the affidavit in support as follows: 10. That after the close of trial this Honourable Court delivered its judgment on the 13th of October, 2014 Coram; His Lordship Justice I. O. AMADU TANKO J. A (sitting as an additional High Court Judge), granting the reliefs sought by the Respondent per its amended Writ of Summons.
Exhibited hereto and marked as “Exhibit DSO 5” is a photocopy of the judgment of this Honourable Court.
11. That being aggrieved by the judgment of this Honourable Court dated 13th October, 2014; the Applicant on the 8th of December, 2014 lodged an appeal against the said judgment by filing a Notice of Appeal in the Registry of the High Court (Commercial Division), Accra.
Exhibited hereto and marked as “Exhibit DSO 6” is a photocopy of the Notice of Appeal as filed.
12. That on 15th October 2015, the Court of Appeal (Civil Division) Accra, Coram; Her Ladyship Justice MARIAMA OWUSU, Justice A. M. A. DORDZIE and His Lordship Justice L. L. MENSAH JJA delivered its judgment and dismissed the Applicant’s appeal and affirmed the judgment of the learned trial judge.
Exhibited hereto and marked as“Exhibit DSO 7” is a certified true copy of the said judgment.
13. That being aggrieved by the Judgment of the Court of Appeal dated 15th October, 2015; the Applicant on the 19th of October, 2015 lodged an appeal against the said judgment by filing a N