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GOLDEN BEACH HOTELS (GH) LTD v. PACKPLUS INTERNATIONAL LTD

2012

SUPREME COURT

GHANA

CORAM

  • AKUFFO (MS) JSC (PRESIDING)
  • DATE-BAH JSC
  • ANSAH JSC
  • BONNIE JSC
  • AKOTO-BAMFO (MRS) JSC

Areas of Law

  • Civil Procedure
  • Alternative dispute resolution

AI Generated Summary

In this Supreme Court of Ghana ruling authored by Dr. S. K. Date‑Bah JSC, an applicant company sought a novel remedy: suspension of a 14 December 2011 Court of Appeal order refusing its stay of execution, or alternatively a stay of proceedings under Rule 20(1) of CI 16. The motion relied on Merchant Bank v Similar Ways and Standard Chartered v Western Hardwood, where Atuguba JSC outlined the Court’s powers to suspend entry of judgment and to stay proceedings broadly construed. The Court warned against semantic maneuvering that would erode the rule against stays of non‑executable orders and proposed a stricter standard—“nugatory effect plus exceptional circumstances”—for suspension. Factually, the applicant had lost in arbitration, the High Court adopted the award, and garnishee execution for USD 54,649.10 had begun. The applicant’s affidavit by Mr. Carl Adongo asserted irrecoverability but offered no proof. Applying Joseph v Jebeile and N.D.K. Financial Services v Yiadom, the Court dismissed the application.

RULING