Try asking the following...
RULING
RULING
MAJORITY OPINION
DARKO ASARE JSC:
INTRODUCTION
My Lords, this is an application seeking to invoke the supervisory jurisdiction of this court by way of judicial review for an order of certiorari directed at the High Court, General Jurisdiction 8, to bring up into this Court for purposes of being quashed and quashing the ruling of the court dated the 2nd day of May 2024; a declaration that the High Court has no jurisdiction to entertain any application for an interlocutory injunction to restrain execution of a judgment of the Supreme Court; and an order of prohibition prohibiting the High Court (General Jurisdiction 8] from entertaining any proceedings and/or application(s) to restrain the execution proceedings commenced in the suit intituled Daniel Ofori v Ecobank Ghana Limited (Suit No. CM/MISC/0829/2021) as ordered by the Supreme Court.
GROUNDS FOR APPLICATION
The grounds for the application are set out by the Applicant as follows: -
i. The High Court has no jurisdiction to grant an order of interlocutory injunction to stay execution pending appeal in respect of the garnishee proceedings in Suit No. CM/MISC/0829 when there is no appeal pending in respect of those proceedings.
ii. By its decision of 2nd May 2024, the High Court wrongfully assumed jurisdiction to entertain an application [for injunction pending appeal] by the Interested Party to restrain the execution of a final judgment of the Supreme Court in the suit intituled Ecobank Ghana Limited (Suit No. Daniel Ofori v. CM/MISC/0829/2021).
Particulars.
a.The High Court has no jurisdiction to entertain any process whatsoever to suspend the execution of a final judgment or order of the Supreme Court which the Supreme Court expressly directed the High Court to execute for the benefit of the Applicant.
b.The High Court has no jurisdiction to entertain an application for an order of interlocutory injunction under the provisions of Order 25 rule 1 after a final judgment, even of the High Court.
c.The High Court has no jurisdiction, under the provisions of Order 43 rule 11 of the High Court (Civil Procedure) Rules, to entertain an application to stay execution of judgments of the Supreme Court which it is required by the Supreme Court to execute.
*d. By the principle of estoppel per rem judicatam the High Court has no jurisdiction to entertain any proceedings to reo