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In their submissions on the application by plaintiffs/appellants/applicants for stay of execution yesterday, counsel on both sides, but in particular counsel for defendants/respondents/respondents, treated us to an array of precedents of the Supreme Court on the subject of stay of execution. Notable among the cases urged on us is Ogyeadom Obranu Kwasi Atta VI vs Ghana Telecommunications Company Ltd Civil Appeal No. J8/131/2019, dated 28 April 2020. This case centered on applications to the Supreme Court to Stay Court of Appeal decisions which are largely non-executable.
After deprecating some of its own decisions which closed or narrowed the path of orders of stay of execution in respect of Court of Appeal decisions, the Court decided essentially that, (a) the Supreme Court when faced with a non-executable decision of a Court of Appeal based on an executable High Court decision, may deploy its residual powers in Article 129(4) of the 1992 Constitution to assume the powers of the …