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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

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considered whether the Court of Appeal’s jurisdiction to entertain applications for stay of proceedings pending appeal was revoked by C.I. 132.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.

JUDGMENT