FOOTPRINT SOLUTIONS CO. LTD v. LEO _ LEE COMPANY LTD
2013
SUPREME COURT
GHANA
CORAM
- DR. DATE BAH, J.S.C. (PRESIDING)
- ANIN YEBOAH, J.S.C.
- BAFFOE BONNIE, J.S.C.
- BENIN, J.S.C.
- AKAMBA, J.S.C
Areas of Law
- Civil Procedure
- Inherent Jurisdiction
2013
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Court of Appeal granted a stay of proceedings in a case involving a dispute over the venue of the trial. The High Court had ruled in favor of the appellant and granted summary judgment. The Court of Appeal's decision to stay proceedings was based on its inherent jurisdiction and Rule 27A of CI 21. The Supreme Court upheld the Court of Appeal's decision, emphasizing the difference between stay of proceedings and stay of execution.
JUDGMENT
AKAMBA, J.S.C
The Court of Appeal delivered a ruling on 25th day of January 2010 in which it granted a stay of proceedings pending appeal, filed by the defendant/appellant/respondent, herein after simply referred as the respondent, against a decision of the High Court, Kumasi in favour of the Plaintiff/Appellant/ Appellant, hereinafter simply referred as the Appellant. Dissatisfied with the aforesaid ruling, the appellant has filed a number of grounds before this court for determination.
FACTS
Before dealing with the grounds and merits of this appeal, a brief overview of the facts leading to the case is necessary in order to appreciate the present matter. It all begun when the Appellant as plaintiff issued a writ of summons at the High Court Kumasi seeking a recovery of the sum of GHC 20,000 being part payment it made to the respondent for the supply of a printer which proved mechanically faulty and/or malfunctional upon delivery. It also claimed interest on the amount. The respondent entered conditional appearance and filed an application for a change in venue from Kumasi to Accra stating reasons from the terms of their written contract among others. The motion for change in venue was argued on 15th May 2009 and dismissed by the court for lack of merit. Obviously displeased with the said ruling, the respondent appealed to the Court of Appeal on 21st May 2009 against same. (See pages 19-20 of ROA). The respondent also filed a motion on notice to stay the proceedings in the trial court pending hearing of the appeal on 7th July 2009. (See page 1 of ROA). The respondent’s Notice of Appeal was couched as follow:
“Take Notice that the Defendant/Appellant herein being dissatisfied with and aggrieved by the ruling of the High Court, Kumasi, given on 15th May, 2009…..does hereby appeal to the Court of Appeal on the grounds stated in paragraph 4 and the Appellant further states that the name and address of the person directly affected by this appeal is that set out in Paragraph 5.
3. RELIEFS SOUGHT
i. The Ruling to be set aside.
ii. An order referring the suit to the Chief Justice for transfer to Accra.
4. GROUNDS OF APPEAL
The ruling was against the weight of evidence
(ii) The learned judge erred in law in holding that the convenient forum for the hearing of the suit is Kumasi in the teeth of overwhelming evidence provided by the said agreement exhibited which was executed by the parties and which showed that the contract was performed in Acc