SCORE INTERNATIONAL SPRL. vs BCM GHANA LIMITED

MOTION ON NOTICE FOR STAY OF EXECUTION PENDING APPEAL AGAINST THE SUMMARY JUDGMENT ENTERED BY THIS COURT

The instant application filed on behalf of the Defendant Applicant (hereinafter referred to as Applicant) is a Motion on Notice for Stay of Execution of the Summary Judgment of this Court entered on 25th April, 2022.

The grounds for the instant application are that this Court on 25th April, 2022 granted Respondents’ Motion for Summary Judgment. Applicant filed a Motion to set the said Summary Judgment aside but this Court on 25th November, 2022 refused the said application.

It is against this ruling of this Court that Applicant has filed an appeal which is yet to be determined at the Court of Appeal.

That the said appeal has a high chance of success because the grounds relied upon demonstrate arguable points of Law.

That should Plaintiff Respondents (hereinafter referred to as Respondents) be allowed to levy execution of the Summary Judgment prior to the determination of the said appeal, the decision of the Court of Appeal will be rendered nugatory; especially as Respondents are Companies incorporated in Belgium and have little or no assets in Ghana and would make it difficult to recover any amount paid to them or attach any property belonging to them should the appeal succeed.

That Applicant has a Counterclaim based on an allegation of fraud which is yet to be determined by the Court and because fraud vitiates all, in the event that Applicant proves its Counterclaim, Respondents’ claims will be totally vitiated.

The grounds for opposing the instant application is that the appeal is frivolous as the Statement of Defence and Counterclaim indicate that Applicant’s indebtedness to Respondents is not disputed and remains unpaid.

That the allegations of fraud in the Counterclaim is a ploy to mislead the Court that a real dispute even though there is none.

That even though Applicant’s Counterclaim has been pending since 25th April 2022, Applicant has not shown any willingness to have it heard expeditiously.

That Respondents are more likely to suffer more irreparable damage especially as Applicant has failed to demonstrate any exceptional circumstances warranting a grant of the instant application.

Careful consideration has been given by the Court to the written submissions filed on behalf of both parties by their respective Counsels.

In the case of Joseph v Jebeile [1963] 1GLR 387 @ 389, the Supreme Court per Akufo-Addo JSC (as he then was) stat