BEDSTUY LIMITED V. PHOENIX POWER MR. TAREK NASSER

RULING

ACKAAH-BOAFO, J.

NOTICE ON MOTION FOR AN ORDER FOR STAY OF PROCEEDINGS PENDING APPEAL

i. Introduction:

[1] This is an application by the 2nd Defendant/Applicant/Appellant praying this Court to stay proceedings in the instant suit pending the final determination of an interlocutory appeal filed against an earlier ruling of this Court and pending at the Court of Appeal.

[2] It recalls that on the 18th day of April, 2019 the Applicant here in’s motion for Misjoinder was dismissed by this Court and cost of GH¢ 3,000 was awarded against Applicant. I note that the Court in that decision concluded that having considered the affidavit evidence and the submission of both Counsel it is evident that, Mr. Tarek Nasser, the Applicant herein is a necessary party to a suit. Now, by the instant application the Applicant contends that being dissatisfied with the Court’s ruling he has filed an appeal at the Court of Appeal and he has been advised that he is not a necessary party to the instant procee…