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ASHANTI GOLDFIELDS COMPANY LTD V. AFRICORE GHANA LTD AND WESTCHESTER RESOURCES LTD

(2013) JELR 68619 (SC)

Supreme Court  •  CIVIL APPEAL NO. J8/29/2013  •  27 Mar 2013  •  Ghana

Coram
DR. DATE BAH J.S.C.

Judgement

DR. DATE-BAH JSC:

The defendant/appellant/applicant has brought a motion on notice for directions from this Court seeking the following orders: “(i) that the sum of US $ 4,000,000 paid into court for investment pursuant to the order of the Court of Appeal dated 24 October 2011 remain in investment pending the final determination of the appeal herein; (ii) that each Plaintiff continue to hold the sum of US$1,000,000 paid by the Defendant pursuant to the said order dated 24 October 2011; (iii) that pending the final determination of the appeal, the balance of the judgment debt be not enforced by the Plaintiffs and other orders as to this Honourable Court it may seem fit.”

The jurisdictional basis for this application is not expressly stated, except that the applicant claims to be invoking “the ample powers” of this Court. This is where the problem is. This Court does not have indeterminate and limitless power to straddle the judicial system dispensing orders right, left and centre from it…

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