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THE REPUBLIC v. THE HIGH COURT, SEKONDI EX-PARTE: NICHOLAS BERNARD ASARE

May 20, 2009

SUPREME COURT

CORAM

  • ATUGUBA J.S.C. (PRESIDING),
  • ADINYIRA, OWUSU
  • A. YEBOAH
  • B. BONNIE, JJ.S.C

Areas of Law

  • Civil Procedure

AI Generated Summary

This Supreme Court of Ghana ruling, authored by Atuguba JSC, arises from a procedural battle following a High Court judgment in Sekondi that favored the defendants on their counterclaim, awarding GH299,300,000 in general damages and GH6,000 costs against a plaintiff bank. After the High Court refused a stay of execution, the Court of Appeal granted a conditional stay requiring payment of 50% of the judgment debt and all costs within thirty days, lapsing on non-compliance. The plaintiff bank, asserting the defendants were impecunious, appealed the Court of Appeal’s ruling and moved in the Supreme Court to suspend and reverse that order and to stay the High Court judgment. Interpreting rule 20(1) purposively, the Court held that “proceedings” encompass steps necessitated by the appealed order, but emphasized rule 20(2)’s requirement to first seek relief below. Concluding it lacked jurisdiction to reverse the Court of Appeal’s order or to stay the High Court judgment in this posture, and expressly departing from NDK Financial Services, the Court dismissed the application.

RULING