Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

GHANA COMMERCIAL BANK v. EASTERN ALLOYS COMPANY LTD

2016

SUPREME COURT

CORAM

  • PWAMANG, J.S.C

Areas of Law

  • Civil Procedure
  • Constitutional Law

AI Generated Summary

The Applicants sought a stay of proceedings of a Court of Appeal judgment pending the determination of their appeal, arguing that the auction of their factory violated procedural rules. The initial attempts to stay the enforcement were unsuccessful. The Supreme Court reaffirmed that stay of execution and stay of proceedings differ, with the latter under narrow jurisdiction. The Court found that there were no pending proceedings necessitated by the judgment of the Court of Appeal which had no executable orders. It thus held the motion for stay of proceedings was unsubstantiated and refused the application.

RULING