Try asking the following...
Try asking the following...
June 15, 2023
HIGH COURT
GHANA
CORAM
MOTION ON NOTICE FOR STAY OF PROCEEDINGS PENDING APPEAL
This instant application is a Motion on Notice for Stay of Proceedings pending Appeal.
I have read through the Motion Paper, Affidavit in Support and the attached Exhibit as well as the Affidavit in Opposition to the instant application.
Careful consideration has been given to the submissions by both Counsel in moving and in opposing the instant application.
The Court is however not minded to grant the instant application. This is because Applicant was not able to establish any exceptional circumstances warranting a grant of the instant application. See the cases of Republic v. Committee of Enquiry (R.T. Briscoe (Ghana) Limited [1976] 1 GLR 166, CA and Brutuw v Aferiba [1982 – 1983] GLR 464, HC.
In the Affidavit in Opposition to the Motion filed on behalf of Defendants which gave rise to the ruling of this Court which is the subject matter of appeal, a Statement of Account (Exhibit ‘RH3’) of the 1st Defendant was attached thereto.
Aside stating that the amount indicated thereon was not the amount endorsed on the Writ of Summons and Statement of Claim, the content of the said Statement of Account was not challenged by Applicant. The Court based on the Exhibits attached to the said application and the applicable law delivered the said Ruling.
Due to the fact that the said Ruling was not in respect of the amount endorsed on the Writ of Summons and Statement of Claim, this Court is of the opinion that there is no way Applicant will be prejudiced should the instant application be refused.
This suit was referred to this Court for trial and the parties were ordered to appear before the Court in October, 2021. On 15th November 2021, both parties were ordered to file their Witness Statements and pretrial check lists simultaneously and serve same on each other.
In January 2022, Defendants filed a motion for an order directed at Plaintiff and XDS Data Ghana Limited to remove wrong credit report posted in the records of Defendant which was dismissed because XDS Data was not a party to the suit.
Subsequently, Defendants filed the same application but with XDS Data indicated as an Interested Party. This motion was initially struck out for want of prosecution when Counsel for Defendant Applicant failed to appear in Court to move it. This was after the hearing of the said Motion had suffered some adjournments.
The said motion was relisted on behalf of Defendant and when it was finally moved by Counsel
AI Generated Summary
Before the High Court of Ghana, presided over by Justice Afi Agbanu Kudomor, the Defendants/Applicants sought a stay of proceedings pending their appeal from an earlier ruling that arose out of their motion concerning removal of an allegedly wrong credit report by XDS Data Ghana Limited from the records of the 1st Defendant. The Court noted that a Statement of Account (Exhibit RH3) of the 1st Defendant had been attached to the affidavit in opposition leading to the impugned ruling, and that the Applicants did not challenge its contents, aside highlighting a discrepancy between the amount shown and the endorsement on the writ and statement of claim. Applying settled authorities, including Republic v. Committee of Enquiry (R.T. Briscoe (Ghana) Limited) and Brutuw v Aferiba, the Court held the Applicants failed to demonstrate exceptional circumstances or likely irreparable harm. Previous interlocutory motions had stalled proceedings; a further stay would protract the litigation. The appealed ruling did not concern the amount endorsed on the writ, so refusal would not prejudice the Applicants. The motion was dismissed, with costs of GH2,4,000 awarded against the Defendant/Applicant.