MOCHCOM LIMITED v. CYPRESS INVESTMENTS LTD.
2024
SUPREME COURT
CORAM
- BAFFOE-BONNIE J.S.C, (PRESIDING), OWUSU J.S.C., GAEWU J.S.C., KWOFIE J.S.C., DARKO-ASARE J.S.C
Areas of Law
- Civil Procedure
- Contract Law
2024
SUPREME COURT
CORAM
AI Generated Summary
The Supreme Court considered whether the Court of Appeal’s jurisdiction to entertain applications for stay of proceedings pending appeal was revoked by C.I. 132. The case stemmed from a High Court action where the plaintiff sought damages for breach of contract. The High Court dismissed the defendant’s application for stay of proceedings, and this dismissal was upheld by the Court of Appeal which ruled it lacked jurisdiction due to C.I. 132. The Supreme Court granted special leave to appeal, holding that the Court of Appeal retains inherent jurisdiction to entertain such applications. The appeal was allowed, remitting the application back to the Court of Appeal for a decision on its merits and setting aside the costs awarded against the defendant.
KWOFIE JSC:
My Lords, the issue for our consideration is whether by virtue of the passage of the Court of Appeal (Amendments) Rules, 2020 (C.I. 132) the jurisdiction
of the Court of Appeal to determine applications for stay of proceedings pending appeal has been revoked.
This is an interlocutory appeal against the decision of the Court of Appeal dated 9th February, 2022, refusing to determine an application for stay of proceedings pending appeal of the ruling of the High Court, Tema. The facts giving rise to the interlocutory appeal are quite simple and straight forward.
The plaintiff/respondent/respondent (hereinafter referred to as the plaintiff) on the 4th of December 2020, brought an action against the defendant/appellant/applicant/appellant (hereinafter referred to as the defendant) at the High Court, Tema seeking the following reliefs:
i) Damages for breach of contract
ii) Interest on the sum of $812,606.23 (Eight Hundred and Twelve Thousand, Six Hundred and Six Dollars, Twenty-Three cents) from 21st February, 2018 at a rate which is two (2) percentage points above and additional to the commercial lending rate charged by Standard Chartered Bank (Ghana) Limited till date of final payment.
iii) Cost
The defendant entered conditional appearance to the said suit and then filed an application for an order referring the pendency of the suit to the Chief Justice for onward transfer under Section 105 of the Courts Act, 1993 (Act 459) and Order 3 rules 1 and 2 of the High Court (Civil Procedure) Rules,
2004 (C.I. 47). The application was heard and was dismissed by the High Court, Tema on 24th November, 2021. Dissatisfied with the ruling of the High Court, the defendant filed a Notice of Appeal against the said ruling to the Court of Appeal, Accra. Subsequently, the defendant applied for stay of proceedings pending appeal before the High Court, Tema. The plaintiff filed an affidavit in opposition and vehemently opposed the said application for stay of proceedings pending appeal.
The High Court, Tema after hearing the application for stay of proceedings pending appeal, dismissed same.
Dissatisfied with the ruling of the High Court, Tema dismissing the application for stay of proceedings, the defendant repeated the application for stay of proceedings pending appeal before the Court of Appeal. The application before the Court of Appeal was opposed by the plaintiff. The Court of Appeal heard and dismissed the repeat application for stay of proceedings p